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gaged in the business of operating its trains over its roads, to make runs of over thirteen hours, or make runs aggregating more than thirteen hours in any twenty-four hours, except when such train is detained by reason of casualty, or other cause, from reaching its destination on schedule time, and no conductors and engineers, after having been on a run or runs for as much as thirteen hours out of every twenty-four hours, shall be required to again go on duty until after eight hours' rest, except in the case above stated. No employee of any railroad company shall be de- Eight hours prived of his right to recover damages for personal injury by rea- rest. son of the fact that he, at the time of such injury, was making a run of more than thirteen hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours before eight hours' rest.
Any railroad violating any of the provisions of this section shall Penalty. be subject to a forfeiture of not less than fifty nor more than five hundred dollars; all forfeitures collected under the provisions of this act, shall be paid into the State treasury to the credit of the school fund.
Blacklisting, etc. SECTION 2854. If any railroad company or other corporation do- Blacklisting ing business in this State, or any person, agent or employer of any such company or corporation, after having discharged any employee from the service of any such company or corporation, shall attempt to prevent, by word or writing, sign or other means, directly or indirectly, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent, employer, company or corporation shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding five hundred dollars or less than one hundred dollars, and such person, agent, employer, company or corporation shall be liable in damages to such discharged person, to be recovered by civil action; but this section shall not be construed as pro- Act hibiting any person, agent, employer, company or corporation from strued. giving in writing to any other person, company or corporation to whom such discharged person has applied for employment a truthful statement of the reasons for such discharge; and shall furnish to such discharged employee, on his application, to such address as may be given by such discharged employee, within ten days after such application made as aforesaid, a true copy of any such written statement.
Sec. 2855. If any railroad company or other corporation doing Liability for business in this state shall authorize or permit, with its knowl. damages. edge and consent, any of its officers, agents, employers or employees to commit either or any of the acts prohibited by the preceding section, such railroad company or corporation shall be liable in damages to such employee so prevented from obtaining employment, to be recovered by him in a civil action.
SEC. 2856. It shall be the duty of any person, officer, agent, em- Statement or ployer, company or corporation, after having discharged any em-cause
charge. ployee from the service of any such company or corporation, upon written demand by such employee, to furnish to him, within ten days from the application for the same, a full statement in writing of the cause or causes of his discharge, and if any such person, officer, agent, employer, company or corporation as a foresaid shall refuse within ten days after demand as herein provided to furnish such statement to such discharged employee, it shall be ever after unlawful for any such person, officer, agent, employer, company or corporation to furnish any statement of the cause of such discharge to any person or corporation, or to in any way blacklist, or to prevent such discharged employee from procuring employment elsewhere, subject to the penalties prescribed in section 2854. And on the trial of any person, company or corporation, for a violation of the provisions of sections 2854, 2855, 2856, 2857 or 2858, any other person who may have authorized or permitted, with knowledge and consent as aforesaid, any such offense, or who may have participated in the same, shall be a competent witness,
and be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him in any prosecution against the said witness, except on an indictment for perjury in any matter to which he may have testified; and on the trial of any such person for any violation of said sections, the prosecution shall have the authority and process of the court trying the case to compel the production in court, to be used in evidence in the case, of the books and papers of any such person, company or corporation, and a failure to produce the same, after such reasonable notice as the court may in each case provide, shall be in contempt of court, and punishable as such against the custodian or person, company or corporation having the con
trol or in charge of such books and papers who shall fail to proProviso. duce the same: Provided, That such written cause of the discharge,
when so made as aforesaid, at the request of such discharged employee, shall never be used as the cause for an action for slander or for libel, either civil or criminal, against the person or author
ity furnishing the same. Employee to SEC, 2857. It shall be the duty of any person, company or corhave informa- poration who has received any request or notice in writing, sign, tion.
word or otherwise from any person, company or corporation preventing or attempting to prevent the employment of any person discharged from the service of either of the latter, on demand of such discharged employee, to furnish to such employee within ten days after such demand a true statement of the nature of such request or notice, and if in writing, a copy of the same, and if a sign, the interpretation thereof, with the name of the person, company or corporation furnishing the same, with the place of business of the person or authority furnishing the same; and a violation of this section shall subject the offender to all the penal
ties, civil and criminal, provided by the foregoing sections. Application. SEC. 2858. The provisions of the four preceding sections shall
apply to and prevent, under all the penalties aforesaid, railroad companies or corporations under the same general management and control but having separate divisions, superintendents or master mechanics, master machinists, or similar officers, for separate or different lines, their officers, agents and employees, from preventing or attempting to prevent the employment of any such discharged person by any other separate division or officer or agent or employer of any such separate railroad line or lines.
Liability of railroad companies for injuries to employees. D a ma g e SECTION 3148. A railroad company shall be liable for any damcaused by op- age done to persons, stock or other property, by the running of eration of cars, the locomotives, or cars, or other machinery of such company, or
for damage done by any person in the employ and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and dili
gence, the presumption in all cases being against the company. Negligence. Sec. 3149. No person shall recover damages from a railroad
company for injury to himself or his property, where the same is Comparative done by his consent, or is caused by his own negligence. If the negligence. complainant and the agents of the company are both at fault, the
former may recover, but the damages shall be diminished or increased by the jury in proportion to the amount of default at
tributable to him. Negligence of Sec. 3150. If any person is injured by a railroad company by fello w serve the running of the locomotives or cars, or other machinery of such ants.
company, he being at the time of such injury an employee of the company, and the damage was caused by negligence of another employee, and without fault or negligence on the part of the per
son injured, his employment by the company shall be no bar to a Contracts.
recovery. No contract which restricts such liability shall be legal or binding.
The doctrine of comparative negligence, set forth in section 3149, does not apply to employees, who must, according to section 3150, be “ without fault. 24 So. Rep. 148.
A negligent employee can not recover even though his negligent act was performed under the orders of a superior. 15 So. Rep. 876.
If, however, the injury resulted from the performance of an act in which the injured employee had no part be is presumed to be free from fault. 24 So. Rep. 148.
The provision as to restrictive contracts is not void. It does not forbid the giving of a release subsequent to the happening of the accident causing injury. 45 So. Rep. 761.
SECTION 3232. Whoever shall entice or persuade by any means Enticing emwhatsoever any tenant, servant or laborer, under contract with ployees. another, whether written or verbal, to violate such contract, or shall employ any servant or laborer, knowing him or her to be under contract as aforesaid, shall be punished by imprisonment not exceeding sixty days, or by fine. not exceeding one hundred dollars.
Coercion of employees in trading, etc.
SECTION 3233. Any person or persons, firm, joint stock company, association or corporation organized, chartered or incorporated by bidden. and under the laws of this State, either as owner or lessee, having persons in their service as employees, who shall discharge any employee or employees or threaten to discharge any employee or einployees in their service for trading or dealing, or for not trading or dealing as a customer or patron with any particular merchant or other person or class of persons in any business calling, or shall notify any employee or employees either by general or special notice, directly or indirectly, secretly or openly given, not to trade or deal as a customer or patron with any particular merchant or person or class of persons in any business or calling, under penalty of being discharged from the service of such person, firm, joint stock company, corporation or association shall be punished by fine not exceeding one thousand dollars or imprisoned not exceeding one year.
Sec. 3234. Any person acting as an officer or agent of any firm, Acts of joint stock company, association or corporation of the kind and agents, etc. character as described in the preceding section or for any one of them, who makes or executes any notice, order or threat of the kind 'therein mentioned and forbidden, shall be fined not more than five hundred dollars or imprisoned not longer than six months.
Seats for employees in stores, etc.
Seats to be
SECTION 3235. If any merchant, storekeeper, employer of male or female clerks, salesmen, cash boys or cash girls, or other as provided. sistants, in mercantile or other business pursuits, requiring such employees to stand or walk during their active duties, neglect to furnish at their own cost or expense suitable chairs, stools or sliding seats attached to the counters or walls, for the use of such employees when not engaged in their active work, and not required to be on their feet in the proper performance of their several duties; or refuse to permit their said employees to make reasonable use of said seats during business hours, for purposes of necessary rest, and when such use will not interfere with humane or reasonable requirements of their employment, he shall, upon conviction thereof, be punished by a fine of not more than one hundred dollars, or imprisonment not exceeding sixty days.
Certain employments of children forbidden.
mendicant, exhibits or in any manner or under any pretense sells, appren
etc., occupatices, gives away, lets out or otherwise disposes of to any person tions. any child under the age of fourteen years for or in the vocation, occupation, service or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging or peddling, or as a contortionist, rider, acrobat, or for or in any obscene, indecent
or immoral purpose, exhibition or practice, or for or in any business, exhibition or vocation injurious to the health or dangerous to the life or limbs of such child, or causes or procures, or encourages any such child to engage therein,
or has in custody any such child for any of the purposes aforesaid, shall be fined not more than five hundred dollars, or imprisoned not more than six months. Nothing contained in this section shall apply to or affect the employment or use of any such child as a singer or musician in any church, school or academy, or at any amateur concert or entertainment, or in learning the science or practice of music and social dancing.
Accepting ad- SECTION 3324. Whoever enters into a written agreement with vances. any master or owner of a vessel to perform certain services upon
said vessel as seamen or sponge fisherman for a contemplated voyage and receives or accepts any money or goods, wares or
merchandise, as advances or bounty for the performance of said Nonperform- services, and shall willfully and without just cause refuse to per
form said services or to go on said vessel at the time of the sailing of the same, shall be punished by a fine not to exceed five hundred dollars, or be imprisoned not to exceed twelve months.
Acting with out license.
SECTION 3455. If any emigrant agent, or representative of such agent, or other person, attempts to carry on any business in any county of this State, without first having paid the license tax required by law, he shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned for not less than sixty days or more than six months.
Conspiracy against workingmen. Preventing SECTION 3515. If two or more persons shall agree, conspire, comemployment, bine or confederate together for the purpose of preventing any
person or persons from procuring work in any firm or corporation, or to cause the discharge of any person or persons from work in such firm or corporation, or if any person or persons shall verbally or by a written or printed communication, threaten any injury to the life, property or business of any person for the purpose of procuring the discharge of any workman in any firm or corporation, or to prevent any person or persons from procuring work in such firm or corporation, such person or persons so combining shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by fine not exceeding five hundred dollars each, or by imprisonment not exceeding one year.
Labor for- SECTION 3565. Whoever follows any pursuit, business or trade bidden.
on Sunday, either by manual labor or with animal or mechanical
power, except the same be work of necessity, shall be punished Newspapers. by a fine not exceeding fifty dollars: Provided, however, That
nothing contained in the laws of Florida shall be so construed as to prohibit the preparation or printing between the hours of midnight Saturday and 6 in the morning, Sunday, of any newspaper intended to be circulated and sold on Sunday, or to prohibit the circulation and sale on Sunday of same, or to prohibit the circula
tion and sale on Sunday of any newspaper theretofore printed. Employing
SEC. 3567. Whoever employs his apprentice or servant in labor or other business on Sunday, except it be in the ordinary household business of daily necessity, or other work of necessity or charity, shall be punished by a fine not exceeding ten dollars for every such offense.
Offenses of railroad employees.
SECTION 3631. Every conductor, engineer or other person, hav- Violations of ing charge of the running of any train of passenger cars, who wil- law. fully or knowingly violates any of the provisions of law relating to the operation of trains, or their duties in relation to passengers, or in regard to the receipt, transportation and delivery of freight, shall, except as otherwise provided by law, be punished by imprisonment not exceeding one year, or by fine not exceeding one thousand dollars. Sec. 3638. If any person while in charge of a locomotive engine,
of engineers, or acting as the conductor or superintendent of a car or train, or on the car or train as a brakeman, or employed to attend the switches, drawbridges or signal stations on any railway, or acting as captain or pilot on any steamboat shall be intoxicated, he shall be punished by imprisonment not exceeding three months, or by fine not exceeding five hundred dollars.
Employment of children.
SECTION 3728. Whoever hires or employs or causes to be hired Consent of paor employed any minor, knowing such minor to be under the age rents, etc., reof fifteen years and under the legal control of another, without quired, when. the consent of those having such legal control, for more than . sixty days, shall be punished by imprisonment not exceeding sixty days or by fine not exceeding twenty dollars. Stevedores to be licensed-Accepting fees for awarding con
SECTION 3742. Any person acting as stevedore on a ship or other License re. vessel in any port or harbor of this State without a license, shall quired. be subject to a fine of fifty dollars or shall be imprisoned for thirty days; and it is hereby declared that to constitute the offense it will be sufficient, if it be found that the person accused has either actually exercised the duties of a stevedore, as aforesaid, or by any contract, agreement or engagement has undertaken the work of loading a ship, or other vessel, as aforesaid, under which contract, agreement or engagement such ship or other vessel is being loaded by himself or another as stevedore, or has in anywise made himself responsible as stevedore for the work of loading such ship or other vessel, and the work of loading is being done under such responsibility, whether said work be done by himself or by another; and every violation of this section on the same ship or other vessel, on different days, shall for each day be deemed a separate offense. Nothing in this section shall be (so) construed as to prevent any master of a ship or other vessel from loading his own vessel with his own crew.
SEC. 3743. Whoever accepts, directly or indirectly, any compen- Accepting sation for awarding or causing to be awarded to any person the fee. loading or unloading of any vessel, shall be punished by imprisonment not exceeding one year, or by fine not exceeding five hundred dollars.
SEC. 3744. Whoever controls or attempts to control the owner or Controlling master of any vessel in awarding the loading or unloading of his award of convessel, except by solicitation in his own behalf as contracting steredore, regularly in the business of stevedoring, shall be punished by imprisonment not exceeding one year, or by fine not exceeding one thousand dollars.
SECTION 3745. Whoever attempts to exercise the calling of a
License shipping master, or falsely represents himself as a shipping mas
quired. ter, in this State, not having been licensed or appointed by law, shall be punished by imprisonment not exceeding six months, or by fine not exceeding five hundred dollars.