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tion, alteration or removal of any building or other structure, a complete and adequate system of communication by means of signals shall be provided and maintained by the owner, contractor or subcontractor, during the use and operation of such elevating machines or hoisting apparatus, in order that prompt and effective communication may be had at all times between the operator of engine or motive power of such elevating machine and hoisting apparatus, and the employees or persons engaged thereon, or in using or operating the same.
Sec. 9. Any owner, contractor, subcontractor, foreman or other person having charge of the erection, construction, repairing, alteration, removal or painting of any building, bridge, viaduct or other structure within the provisions of this act, shall comply with all the terms thereof, and any such owner, contractor, subcontractor, foreman or other person violating any of the provisions of this act shall, upon conviction thereof, be fined not less than twenty-five (25) dollars nor more than five hundred (500) dollars, or imprisoned for not less than three (3) months nor more than two (2) years, or both fined and imprisoned, in the discretion of the court.
And in case of any such failure to comply with any of the provisions of this act, any State factory inspector may, through the State's attorney or any other attorney, in case of his failure to act promptly, take the necessary legal steps to enforce compliance therewith.
If it becomes necessary, through the refusal or failure of the State's attorney to act, for any other attorney to appear for the State in any suit involving the enforcement of any provision of this act, reasonable fees for the services of such attorney shall be allowed by the board of supervisors or county commissioners in and for the county in which such proceedings are instituted.
For any injury to person, or property occasioned by any willful violations of this act, or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby; and in case of loss of life by reason of such willful violation or willful failure as aforesaid, a right of action shall accrue to the widow of the person so killed, his lineal heirs or adopted children, or to any other person or persons who were, before such loss of life dependent for support on the person or persons so killed, for a like recovery of damages for the injuries sustained by reason of such loss of life or lives.
ABTICLE 1.-Compensation for services. SECTION 66. No man's particular services shall be demanded Services without just compensation.
be compensated ANNOTATED STATUTES OF 1894-REVISION OF 1901.
Right of action for personal injuries-Limitations. SECTION 294. The following actions shall be commenced within Limitation of the periods herein prescribed, after the cause of action has acerued, and not afterward :
First. For injuries to person or character, and for a forfeiture or penalty given by statute, within two years.
Liability of employers for injuries to employees-Contributory
negligence to be matter of defense only. SECTION 359a. Hereafter in all actions for damages brought on account of the alleged negligence of any person, copartnership or injuries, etc.
corporation for causing personal injuries, or the death of any per
son, it shall not be necessary for the plaintiff in such action to Contributory allege or prove the want of contributory negligence on the part negligence, of the plaintiff, or on the part of the person for whose injury or
death the action may be brought. Contributory negligence, on the part of the plaintiff, or such other personi, shall be a matter of defense, and such defense may be proved under the answer of general denial:
Eremption of wages from garnishment. Suits of non
SECTION 970. Hereafter no court in this State shall have or enresidents for tertain jurisdiction in any action of attachment, garnishment, or
supplementary proceeding, when the plaintiff and principal defendant are both nonresidents of this state, and the money sought to be reached by such attachment, garnishment, or supplementary proceedings is the personal earnings or wages due or owing to the principal defendant from any person or corporation doing busi
ness in this State. Wages ex
SEC. 971. The wages of all householders in the employ of any empt, when. person or corporation shall be exempt from garnishment and pro
ceedings supplemental to execution in the hands of such person or corporation so long as such employee remains in such employment, not exceeding twenty-five dollars at any one time, and no exemption shall be allowed as against garnishment except as
in this section provided. Garnishee SEC. 972. Any person or corporation in debt for wages, as in may
pay empted wages.
ed the preceding section provided, may, at any time after being
served with a garnishee summons, pay to any such employee the amount of wages exempted by the preceding section; and such payment shall discharge such garnishee defendant from liability for the amount so paid, as effectually as if paid before the issuing of such summons.
Employment of children-Certain employments forbidden.
SECTION 2241. Any person having the care, custody or control of etc., employ- any minor child under the age of fifteen years, who shall in any ments.
manner sell, apprentice, give array, or otherwise dispose of such child, and any person who shall take, receive or employ such child for the vocation or occupation of rope or wire walking, or as an acrobat, gymnast, contortionist, or rider, and any person who, haying the care, custody or control of any minor child shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor or employ any minor child in or about any assignation house or brothel, or in any place where any obscene, indecent or illegal exhibition takes place, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, mayor, police judge or criminal court shall be fined not less than ten dollars, nor more than one hundred dollars, to which
may be added imprisonment not exceeding thirty days. Mendicant SEC. 2242. Any person having the care, custody or control, lawemployments. ful or unlawful, of any minor child under the age of eighteen
years, who shall apprentice, give away, let out, hire, or otherwise dispose of such minor to any person for the purpose of singing, playing on musical instruments, begging, or for any mendicant business whatever, in the streets, roads or other highways of the State, and whosoever shall take, receive, hire, employ, use or have in custody any such [minor) for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments or begging upon the streets, roads or other highways of the Statę, or for any mendicant business whatever, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in
the first section of this act (sec. 2241), shall be fined not less than five dollars nor more than one hundred dollars, to which may be added imprisonment not exceeding thirty days. - SEC. 2243. Any person having the care, custody or control of Empioymeat any minor child under the age of fifteen years, who shall in any houses, sa:
in dance manner sell, apprentice, give away, or permit such child to sing, Icoas, etc. dance, act, or in any manner exhibit in any dance house whatever, or in any concert saloon, theater, or place of entertainment where wines or spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected by any passage way or entrance, or any proprietor of any dance house whatever, or the proprietor of any such concert saloon, theater or place of entertainment so employing any such child, shall be guilty of a misdemeanor, and upon conviction thereof, * shall be fined not less than ten dollars nor more than one hundred dollars for each offense, to which may be added imprisonmeut not exceeding thirty days.
SEC. 2244. Any person who shall take, receive, hire or employ Employment any child under twelve years of age in any underground works, in mines. or mines, or like place whatsoever, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act (sec. 2241), shall be fined not less than five dollars nor more than fifty dollars.
Seats for female employees.
Seats to be girls in any business in this State shall provide suitable seats for
provided. the use of said employees so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for the performance of which they are so employed.
SEC. 2247. Any person or persons, or any corporation violating Penalty. any of the provisions of this act, shall be punished by a fine of not less than ten dollars nor more than thirty dollars for each offense. And it is made the duties of the prosecuting attorneys of the State to enforce the provisions of this act.
Forced contributions from railroad employees.
SECTION 2300. It shall be unlawful for any railroad company or Exacting corporation operating railroads in Indiana to exact from its em
contributions. ployees, -without-first obtaining written consent thereto in each and every instance, any portion of their wages for the maintenance of any hospital, reading room, library, gymnasium or restaurant.
SEC. 2301. Any paymaster, auditor or employee of any company Penalty. 80 exaeting from its employees such sums of money shall, upon conviction thereof in any circuit court having competent jurisdiction, be fined not less than one hundred dollars nor more than five hundred dollars, as the court may decree.
Although withholding wages without the consent of the employee is an megal act, it does not absolve a company from its contract to supply hospital treatment to an injured employee whose wages have thus been withheld. nor from its liability in damages for the malpractice of a surgeon employed by it. 52 N. E. Rep. 152.
Protection of employees as members of labor organizations. SECTION 2302. It shall be unlawful for any individual, or mem- Restraining ber of any firm, agent, officer, or employee of any company or cor- employees from poration to prevent employees from forming, joining and belonging membership in to any lawful labor organization, and any such individual member, agent, officer or employee that coerces or attempts to coerce employees, by discharging or threatening to discharge from their employ or the employ of any firm, company or corporation because of their connection with such lawful labor organization, and any officer or employer, to exact a pledge from workingmen that
they will rot become members of a labor organization as a consideration of employment, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined in any sum not exceeding one hundred dollars, or imprisoned for not more than six months, or both, in the discretion of the court.
Protection of employees as voters.
M a king SECTION 2341. Whoever, for the purpose of influencing a voter, threats, etc.
seeks, by violence or threats of violence or threats to enforce the payment of a debt; or to eject or threatens to eject from any house he may occupy; or begin a criminal prosecution; or to injure the business or trade of an elector; or, if an employer of laborers or an agent of such employer, threatens to withhold the wages of or to dismiss from service any laborer in his employment; or refuses to allow to any such employee time to attend at the place of election and vote,-shall be fined not more than one thousand dollars nor less than twenty dollars, imp oned in the State prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.
Wages preferred-In administration.
Order of pay. SECTION 2534. Unless otherwise provided in this act, the debts ment of de- and liabilities of a decedent shall, if his estate be solvent, be paid mands,
in the following order of classes:
First. The expenses of administration.
Fourth. Taxes accrued upon the real and personal estate of the deceased at his death, and taxes assessed upon the personal estate during the course of the administration.
Fifth. Debts secured by liens upon the personal and real estate of the decedent, created or suffered by him in his lifetime, and continuing in force.
Sirth. A sum not exceeding fifty dollars, for wages due any employee for work and labor performed for the decedent within two months prior to his death,
Combina- SECTION 3312m. Any person, firm or association of persons who tions to boy- shall make any contract or enter into any agreement or make any cott.
combination or enter into any arrangement, directly or indirectly, to induce, procure or prevent any wholesale or retail dealer in or manufacturer of merchandise or of supplies or of material or article intended for trade or used by any mechanic, artisan or dealer in the prosecution of his business from selling such supplies to any dealer or to any mechanic or artisan; and any dealer in or manufacturer of such supplies or material or article of trade or supplies or material to be used by any mechanic, artisan or dealer who shall be a party, directly or indirectly, to any such contract, conbination or arrangement, or who shall upon the request of any party to any such contract, combination or arrangement refuse to sell such articles of trade, supplies or materials, or articles sold by any dealer or used by any mechanic, or artisan, to any such person or persons who may require them in the prosecution of their said business, for the reason that said dealer, mechanic or artisan is not a member of a combination or association of persons, shall be guilty of conspiracy against trade. And all such contracts, agreements, combinations or arrangements shall be void
and of no effect whatever in law. Penalty. SEC, 3312n. Any person or persons, firm or association of indi
viduals, or any individual connected therewith, who shall be responsible for the making of any such contract, agreement or combination or arrangement, or shall be a party to any such contract, combination or arrangement, or that shall take any part therein, as set out in section 1 of this act (sec. 3312m), shall, upon conviction thereof in any court of competent jurisdiction, be punished by a fine of not less than fifty dollars nor more than two thousand dollars, to which may be added imprisonment in the county jail for any period not exceeding one year.
SEC. 33120. Each and every person, firm or association of per- Forfelture. sons who shall in any manner violate the provisions of this act shall, for each and every day that such violation shall be conmitted and continued after due notice given by the party interested (to the) attorney-general or prosecuting attorney, forfeit and pay the sum of fifty dollars, which may be recovered in the name of the State on the relation of the party injured or on the relation of the prosecuting attorney in any county where the offense is committed or where the offender or offenders reside. And it shall be the duty of the prosecuting attorney of any county to prosecute any such action, and he shall be entitled to a fee of twenty-five dollars to be taxed against the defendant, in the event of recovery, as a part of the costs of said action. Any such action may be taken in any circuit or superior court of the county in which the de. fendant resides or in which he is engaged in business,
SEC, 3312p. Any person who shall by any such contract or com- Damages. bination as set out in section 1 of this act (sec. 3312m), be injured or damaged in his business thereby, or by reason of any. thing forbidden or declared by this act to be unlawful, may maintain a suit therefor in any court having jurisdiction thereof in the county where the defendant resides or in which he is engaged in business, or in any county where service may be obtained, without respect to the amount in controversy, and the plaintiff in any such action shall be entitled to recover all his costs and a reasonable attorney's fee therein.
SEC. 3312g. Whenever it shall appear to the court before which Partles. any proceedings under this act may be pending, that the ends of justice require that other parties shall be brought before the court, said court may cause them to be made parties defendant and cause them to be served by the process of court as now required by law in such cases provided, whether they reside in the county where said action is pending or not.
Incorporation of women's exchanges. SECTION 4583. Any number of persons, not less than three (3), Articles
ot may voluntarily associate themselves by written articles of asso
association. ciation, signed and acknowledged by each person who may be a member at the time of organization, specifying:
First. The corporate name of such association, which shall not be the same or similar to the name of any other association in corporated in this State.
Second. The amount of the capital stock of the same, if such association is organized for pecuniary profit, and the number of sbares (if any) into which the same shall be divided, with the amount of each share, which shall not exceed one hundred dollars ($100).
Third. The object of the association, with the proposed plan of doing business fully set out.
Fourth. The names and places of residence of each incorporating member.
Fifth. The principal place of business of such association.
Sixth. The term of existence of such association, which, if organized for pecuniary profit, shall not exceed fifty (50) years.
Seventh. A description of the corporate seal; and
Eighth. The manner of clection or appointment of all directors and officers who are to manage the business and prudential comcerns of any such association.