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Boarding ves- Sec. 3746. No one engaged in the business of shipping sa ilsels without consent.
ors, nor any keeper of any sailor boarding house, nor any one in the employ of the keeper of a sailor boarding house, or acting in any manner in behalf of the keeper of a sailor boarding house, shall go on board of any vessel, in any port or harbor in this State, without first having obtained from the master of such vessel permission to go on board of his vessel. If any one engaged in the business of shipping sailors, or the keeper of any sailor boarding house, or any one in the employ of or acting in behalf of the keeper of a sailor boarding house, shall go aboard of any vessel outside the jurisdiction of this State, he shall not remain on board of such vessel after she has entered any port or harbor of this State without first having obtained the express consent of the master of such vessel. Whoever willfully violates the provisions of this section shall be punished by imprisonment not exceeding
twelve months, or by a fine not exceeding five hundred dollars. Enticing sea- SEC. 3747. It shall be unlawful for any person or persons to
entice any seaman or sailor from the vessel on which he is engaged, previous to the expiration of his term of service on said vessel. And any person or persons so enticing said seaman or sailor shall be punished by a fine not exceeding fifty dollars, or be imprisoned not exceeding thirty days.
Protection of employees as voters. Threatening SECTION 3839. It shall be unlawful for any person or persons, discharge, etc.
firm, joint stock company, association or corporation, organized, chartered or incorporated by and under the laws of this State, either as owner or lessee, having persons in their service as employees, to discharge any employee or employees, or to threaten to discharge any employee or employees in their service for voting or not voting in any election, State, county or municipal, for any person as candidate or measure submitted to a vote of the people.
Any person or persons, firm, joint stock company, association or corporation, organized, chartered or incorporated under the laws of this State, or operated in this State, violating any of the provisions of this section shall pay a fine of not more than one
thousand dollars. Agent violat- Sec. 3840. Any person acting as an officer or agent of any firm, ing law.
joint stock companies, associations or corporations of any kind and character hereinbefore described, or any one of them who makes or executes any notice, order, or threat of the kind hereinbefore forbidden in the next preceding section, shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six months.
ACTS OF 1907.
CHAPTER 5678.—Contracts of employment-Repayment of advances.
Fraudulent SECTION 1. From and after the passage of this act any person in contracts.
the State of Florida, who shall contract with another to perform for him services of any kind with intent -to procure money, or other thing of value thereby, and not to perform the service contracted for, or whoever, after having so contracted, shall obtain or procure from the hirer money or other thing of value, with intent not to perform such service, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail not more than one year, or by both fine and im
prisonment. Evidence. SEC. 2. Satisfactory proof of the contract, the procuring thereon
of money or other thing of value, the failure to perform the services so contracted for, or failure to return the money so advanced with interest thereon at the time said labor or service was to be performed, without good and sufficient cause, shall be deemed prima facie evidence of the intent referred to in the preceding section.
CHAPTER 5686.-Employment of children-General provisions.
factories, etc. at any time in any factory or workshop, bowling alley, barroom, beer garden, place of amusement where intoxicating liquors are sold, or in or about any mine or quarry.
SEC. 2. No child under twelve years of age shall be employed, re- Employment quired or permitted to work for wages or gain, to whomsoever pay
in vacation. able, at any occupation at any time, except that during that portion of the year in which there is no public school in the city, town or school district in which such child shall be at the time living, such child may be employed in any store, office, hotel, mercantile establishment, laundry or other reputable place of work not herein above forbidden: Provided, That there shall first be ob- Certificates. tained from the county judge of the county or municipal judge of the town or city in which said store, office, hotel, mercantile establishment, or place of work is located a certificate authorizirg such employment. Such certificate shall be issued by said county or municipal judge only upon the affidavit of the parent or guardian or person exercising parental control over said child, stating its age and date of birth, that there is no free public school then in session in the district, city or town where said child lives, and a certificate from a practicing physician that he has examined said child and that said child is, in his opinion, physically able to perform, with reasonable safety to itself, the work for which it is sought to be employed. Whenever it appears that a certificate of a county or municipal judge as herein provided shall have been obtained by a false statement as (to] the age of the child or other material facts, said judge shall revoke said certificate. The judge issuing a certificate shall receive the sum of twenty-five cents therefor, to be paid by the applicant. The certificate of the judge, together with copies of the affidavit of parent or guardian and certificate of the physician, shall be delivered to the employer and kept by him as herein provided : Provided further, That nothing herein contained shall be construed to prevent or abridge the right of a parent or guardian to require work from his child in his own vocation and under his supervision and direction.
SEC. 3. No child under the age of twelve years shall be em- Hours of ployed, required or permitted to work for wages or gain, to whom- labor. soever payable, longer than niné hours in any one day, or more than six days in any one week, nor after the hour of nine o'clock Night work. at night, nor before the hour of six o'clock in the morning.
SEC. 4. It shall be the duty of every person, firm or corporation Register. or the agent or manager of any person, firm or corporation, employing minors under the age of twelve years, wherein by reason of the nature of the employment, or the age of the minor, certificate and affidavits as herein above provided, are required to keep in the place of employment, a register or other convenient book or file for inspection containing all certificates and copies of affidavits and certificates furnished them in compliance with this act, so long as the person furnishing the same shall be in their employ; such register, book or file shall at all times be subject to the free inspection of any city, county or State officer of the county wherein said place of employment is located, or of the city or town marshal, or any member of the police force in whose territory or jurisdiction said place of enzployment may be located.
SEC. 5. It shall be the duty of the sheriff in whose county such Enforcement. place of employment may be located, the city or town marshal or police officers within whose territory or jurisdiction such place of employment may be located, to enforce the provisions of this act, and to aid and assist in the prosecution of violations of the same before any court of competent jurisdiction : Provided, That nothing herein contained shall abridge or curtail the prosecution for violations of this act in any other way or manner consistent with the enforcement of the criminal laws of this State. Sec. 6. Any parent, guardian or person exercising the parental
Violations by authority over a child, who knowingly makes a false affidavit to parents ;
any material fact as herein required, or who suffers or permits a child to be employed or to work in violation of this act or before the provisions hereof to be performed by him have been complied with, shall upon conviction be fined not more than five hundred dollars, or by imprisonment in the county jail not more than
ninety days, or by both such fine and imprisonment. By employ. SEC. 7. Any person, firm or corporation, or agent or manager of
any corporation or firm, who shall violate or fail to comply with any of the provisions of this act, or shall hinder or delay any officer or his agent or deputies in the performance of their duties relative to the enforcement of this act, or refuse or hinder their access to the place of employment of such employer, or fail or refuse to keep for free inspection to such officer, or his agents or deputies, the register, book or file of certificates as herein provided, shall, upon conviction, be fined not more than one thousand dollars, or be imprisoned in the county jail not more than six months,
or by both such fine and imprisonment. Separate vio- SEC. 8. The performance of the work prohibited herein in any lations. place of employment by a minor for one day shall constitute a vio
lation of this act. Exceptions.
SEC. 9. Nothing in this act shall be so construed as to apply to household or agricultural work.
VOL. 1.-POLITICAL CODE.
Liability of employers for road tar of employees.
Notice acts SECTION 549. *
In all cases where executions may be isas garnish-sued against road hands in the employment of others, notice to the ment.
employers of the existence of such execution shall have the force and effect of a garnishment, and shall operate as a lien on what is due or to become due from such employer to such employee, and may be collected as in cases of garnishment.
VOL. II.-CIVIL CODE.
Payment of wages-Redemption of certificates.
Checks, etc., Section 1871. Any corporation or person doing business of any to be redeemed kind in this State, who shall issue checks or written evidences of in cash.
indebtedness for the wages of laborers, shall redeem at full value, in cash, such written evidences of indebtedness, on demand and presentation to the proper person on the regular monthly pay day, and if there be no regular monthly pay day, then upon demand and presentations any regular business day, after thirty days from the issuance thereof; and for every failure to redeem such evidences of indebtedness, said corporation or person shall be liable to the owner thereof in the sum of ten dollars, to be recoyered by suit, unless said corporation or person shall, upon the trial, prove insolvency or actual inability to redeem at the time of demand and presentation.
Eramination, etc., of telegraph operators on railroads.
Age of opera
SECTION 2237. No railroad company shall employ in this State tors.
any telegraph operator to receive and transmit dispatches governing the movement of trains, who is less than eighteen years of
age, and who has not had at least one year's experience as a Examination. telegraph operator, and who has not stood a thorough examina
tion before the railroad superintendent or train master, and received a certificate of his competency from such officer. A written record of said certificate shall be kept in the office of the officer issuing it, and be subject to inspection at any time.
SEC. 2238. Any railroad company violating the requirements of the preceding section shall forfeit for each offense not less than fifty dollars, and not more than five hundred dollars.
Hours of labor-Railroad employees.
SECTION 2240. No railroad doing business in this State shall Limit of thirrequire or permit its employees, who are engaged in the business teen hours. 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 trainmen, after having been on a run or • runs for as much as thirteen hours out of the twenty-four hours, shall be required to again go on duty until after ten hours' rest, Ten hours' except in the case above stated. No employee of any railroad rest. company shall be deprived of his right to recover damages for personal injury by reason of the fact that he, at the time of such injury, was making a run of more than thirteen hours
or making defense. a run aggregating more than thirteen hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours before ten hours' rest.
SEC. 2241. Any railroad violating any of the provisions of the Penalty. preceding section, shall be subject to a forfeiture of not less than fifty nor more than five hundred dollars;
Law not a
Liability of railroad companies for injuries to employees. SECTION 2297. Railroad companies are common carriers, and Measure of liable as such. As such companies necessarily have many em
liability. ployees who can not possibly control those who should exercise care and diligence in the running of trains, such companies shall be liable to such employees as to passengers for injuries arising from the want of such care and diligence.
Though this statute imposes on railroad companies a different rule of liability from that applied to other classes of employers, it is not uncon. stitutional. 54 Ga. 509.
A company is responsible even though others may be using its franchise. 49 Ga. 355.
Employment and injury need not be immediately connected with the running of trains. 95 Ga. 301. Sec. 2321. A railroad company shall be liable for any damage
D a mages done to persons, stock or other property, by the running of the arising from
operation of locomotives, or cars, or other machinery of such company, or for cars, etc. damage done by any person in the employment and service of such company, unless the company shall make it appear that their agents have exercised all ordinary and reasonable care and diligence, the presumption in all cases being against the company. SEC. 2323. If the person injured is himself an employee of the
of fellow-serv. company, and the damage was caused by another employee, and
ants. without fault or negligence on the part of the person injured, his employment by the company shall be no bar to the recovery.
This law is not unconstitutional. 73 Ga. 499.
* Without fault” means that plaintiff must not have contributed to the injury, and must have used due diligence to prevent the consequences of company's negligence. 83 Ga, 594.
But lack of ordinary care by plaintiff is no defense against willful and wanton neglect by defendant. 84 Ga. 774.
Negligence not contributing to the injury sued upon will not prevent recovery. 71 Ga. 644.
It is not negligence for a passenger engineer to remain at his post so long as a chance remains to avoid collision; public policy encourages such assumption of risk. 74 Ga. 738.
An employee not connected with the running of trains may recover, although at fault, if injured by the running of trains ; if injured otherwise he must be without fault in order to recover. 69 Ga. 715. 116.
If an employee is without fault, the railroad is liable for the negligence of a coemployee, whether the injury is connected with the running of trains or not. 73 Ga. 499.
An employee hurt while not on duty is on the same footing as the general public. 82 Ga. 580.
Sections 2297 and 2323 apply to street railways as well as to steam roads. 43 S. E. Rep. 751.
Measure of SEC. 2324 (as amended by act No. 102, page 63, Acts of 1896). liability of re- The liability of receivers, trustees, assignees, and other like officers ceivers.
operating railroads in this State, or partially in this State, for injuries and damages to persons in their employ, caused by the negligence of coemployees, or for injuries or damages to personal property, shall be the same as the liability now fixed by law governing the operation of railroad corporations in this State for like injuries and damages, and a lien is hereby created on the gross income of any such railroad while in the hands of any such re ceiver, trustee, or assignee, or other persons in favor of such injured employees or plaintiff, superior to all other liens against defendant under the laws of this State.
Wages a preferred claim-In receiverships.
Receiver- SECTION 2330. Whenever any railroad has been seized by any ships.
order or process from any court appointing a receiver for said railroad company, it shall be the duty of the judge presiding in said court to order payments on account of liabilities specified in the preceding section to be made out of any funds of said company available for said purpose, so soon as the amount of said liabilities is liquidated, and if the same are disputed, then so soon as they can be judicially ascertained, and without awaiting the final judgment in said cause. And whenever any railroad has been seized by any trustee or other person by authority of any provision in
any trust deed or other conveyance to secure debt, it shall be the Wages to be duty of said person so seizing said railroad to pay said liabilities paid first.
out of the first moneys coming into his hands, so soon as the amount of the same can be ascertained, or determined judicially or otherwise. And in all cases where a railroad has been seized as last aforesaid, the persons having such claims of liabilities shall have the same right to proceed against said property to collect and secure the amount due on account of said liabilities, as if said railroad had not been seized by any trustee or other person under said trust deed or other conveyance for the security of debt.
Liability of employers for injuries to employees.
Negligence SECTION 2610. Except in case of railroad companies, the master of fellow-serv- is not liable to one servant for injuries arising from the negligence ants.
or misconduct of other servants about the same business. Duty of em- SEC. 2611. The master is bound to exercise ordinary care in the ployer.
selection of servants, and not to retain them after knowledge of incompetency; he must use like care in furnishing machinery equal in kind to that in general use, and reasonably safe for all persons who operate it with ordinary care and diligence. If there are latent defects in machinery, or dangers incident to an employment unknown to the servant, of which the master knows, or ought
to know, he must give the servant warning in respect thereto. Assumption Sec. 2012. A servant assumes the ordinary risks of his employof risk.
ment, and is bound to exercise his own skill and diligence to protect himself. In suits for injuries arising from the negligence of the master in failing to comply with the duties imposed by the preceding section, it must appear that the master knew or ought to have known of the incompetency of the other servant, or of the defects or danger in the machinery supplied; and it must also appear that the servant injured did not know and had not equal means of knowing such fact, and by the exercise of ordhary care could not have known thereof.
Negligence is not imputed where an employee, from pressure of duties, forgets obstructions of which he had knowledge, and ís injured thereby.
58 S. E. Rep. 252. Contracts SEC. 2613. All contracts between master and servant, made in waiving liability.
consideration of employment, whereby the master is exempted from liability to the servant arising from the negligence of the master or