11. Said board shall keep a register in which shall be entered the names of all persons to whom certificates are issued under this act, and said register shall be at all times open to public inspection.

12. Said board shall have power to revoke any certificate of registration granted by it under this act for: (a) Conviction of crime; (b) habitual drunkenness for six months immediately preceding the filing of a charge with it therefor; (c) gross incompetency; (d) the keeping of a shop or the tools, appliances or furnishings thereof in an unclean and unsanitary condition; (e) failure to comply with the requirements of [sub] section 10 of this act : Provided, That before any certificate shall be so revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall have a reasonable opportunity to be heard in his defense. Any person whose certificate has been so revoked may, at the expiration of ninety days, apply to have the same regranted, and the same shall be regranted to him upon a satisfactory showing that the disqualification has ceased. The said board shall have power to summon any person to appear as a witness and testify at any hearing appointed by it touching any such charge preferred against any barber of cities of the first, second and third class, and to examine such witness relating thereto, and shall have the right to administer oaths.

13. Any person practicing the occupation of barber without having obtained a certificate of registration, as provided by this act, or willfully employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this act, or violating any of the provisions of this act, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars, or more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than ninety days.

Employment of children.

Register.

Revocation.

Proviso.

Reissue.

Penalty.

SECTION 326. A person who, for gain or reward, employs or Mendicant, Immoral, etc., causes to be employed, or who exhibits, uses, or who has in his Occupations custody for the purpose of exhibiting or employing any child forbidden. actually or apparently under the age of sixteen years, or any person who, having the care, custody, or control of such child, as parent, relative, guardian, employer, or otherwise, sells, lets out, gives away, or in any way procures or consents, for gain or reward to the employment or exhibition of such child, either, first, in begging or receiving alms, or in any mendicant occupation; second, or (being a female) in peddling or in any wandering occupation; third, or male or female in any indecent or immoral occupation or practice, or in the exhibition of any such child when insane or idiotic; or, fourth, in any practice or exhibition of unusual danger to the life, limb, health, or morals of the child, is guilty of a misdemeanor, and shall, for the first offense, be fined not more than twenty dollars, or confined in the county jail or workhouse, in counties having a workhouse, not more than ninety days, or both so fined and confined within the discretion of the court; and, upon conviction for a second, or any subsequent offense, shall be fined in any sum not exceeding one hundred dollars, or imprisoned in the penitentiary for a term not exceeding one year, or both so fined and confined within the discretion of the jury.

Safety appliances on railroads-Accidents.

SECTION 776. No bridge or pass way hereafter constructed over any railroad, except in cities having power under their charters to regulate the height of such bridges or pass ways, shall be at a less height than twenty-two feet above the track of the road, unless by the written authority of the commission; and whenever there shall be over any railroad a bridge, tunnel or other

Bridges over railroads.

Telltales.

Notice of accidents.

Air brakes.

Frogs to be blocked.

Penalty.

obstruction, at a height of less than seven feet above the roof of the freight cars used or hauled on said road, it shall be the duty of the officers of such road to erect and keep in repair, at or near such bridge, tunnel or obstruction, and on each side thereof, a rod or beam placed across the track at such height and at such distance from the bridge, tunnel or obstruction as the railroad commission shall direct; and from such rod or beam shall be suspended straps, ropes or cords, of such length as the commission may determine, and not greater than six inches apart, for the space of eight feet, directly over the track.

SEC. 777. Notice of every accident which may occur and be attended with loss of life shall be given within five days thereafter by the company operating the road on which the accident occurred to the railroad commission, and such company shall furnish the commission all information requested by it concerning the cause of the accident.

SEC. 778. No regular or other passenger train shall be run without an air brake, or some equally effective appliance for controlling the speed of trains, which may be applied by the engineer to each car composing the train, and which shall, at all times, be kept in good condition and ready for use at the discretion of the engineer. The provisions of this section shall not apply to mixed trains. SEC. 780. * * * every company shall adjust, fix or block the frogs on its tracks to prevent the feet of its employees from being caught therein.

*

SEC. 793. Any company failing to comply with or violating or permitting any of its employees or agents to violate any of the 778, 780, provisions of sections * of this article shall, in addition to subjecting itself to any damages that may be caused by such failure or violation, be guilty of a misdemeanor, and be fined for each failure or violation not less than one hundred nor more than five hundred dollars, to be recovered by indictment in the circuit court of any county through which the company in default operates a line of road, or in the Franklin circuit court.

Obstructing operation, injuring property, etc., of railroads. Hindering, SECTION 802. It shall be unlawful for any person or persons to etc., trans- prevent, hinder or delay, or attempt to prevent, hinder or delay, portation by violence. by violence, the transportation of freight or passengers in this State, by any individual, firm, company, corporation, or association doing business in this State, or to interfere with, by violence, any person or agency engaged in the conduct of commerce and traffic in this State in such manner as to obstruct or impede the movement and conduct of such commerce or traffic; but nothing herein shall be construed to prevent any person, or class of persons, from quitting their employment at any time they see proper. SEC. 803. And it shall be unlawful for any person or persons to prevent or hinder, or attempt to prevent or hinder, by coercion, intimidation, or any trespass or violent interference therewith, the free and lawful use of his or its property, by any individual, firm, company, corporation, or association engaged in the business of transporting freight and passengers, and in the conduct of commerce and traffic in this State, or the free and lawful use of said property by any agent or employee of the owner thereof.

Coercion, etc.

Penalty.

SEC. 804. Whoever shall violate the provisions of either of the two preceding sections shall be deemed guilty of a misdemeanor, and, upon conviction by any court of competent jurisdiction, shall be punished for each offense by a fine of not less than twenty-five nor more than two hundred dollars, or by imprisonment in the county jail of the county wherein the offense is committed not less than ten days nor more than six months, or shall be both so fined and imprisoned, in the discretion of the jury.

Sunday labor.

Sunday 1a bor forbidden. Exceptions.

SECTION 1321. No work or business shall be done on the Sabbath day, except the ordinary household offices, or other work of necessity or charity, or work required in the maintenance or operation of a ferry, skiff or steamboat, or steam or street railroads. If any person on the Sabbath day shall himself be found at his own, or any other trade or calling, or shall employ his apprentices, or other person, in labor or other business, whether the same be for profit or amusement, unless such as is permitted above, he shall be fined not less than two nor more than fifty dollars for each offense. Every person or apprentice so employed shall be deemed a separate offense. Persons who are members of a religious society, who observe as a Sabbath any other day in the week than of another day. Sunday, shall not be liable to the penalty prescribed in this section, if they observe as a Sabbath one day in each seven, as herein provided.

Making ordinary repairs on a railroad track is a violation of the statute. A track made suddenly unsafe may be repaired on Sunday if delay might endanger the safety of passengers or freight. 92 Ky. 114.

Observance

Barbering on

Operating trains carrying passengers, mail, baggage, live stock, merchandise, etc., on the Sabbath is not a violation of the statute. 80 Ky. 291. SEC. 1322. Any person who engages in the business of barbering on Sunday shall be deemed guilty of a misdemeanor, and, upon Sunday. conviction thereof, shall be fined not more than five dollars, and upon a second conviction for a like offense, shall be fined not less than ten dollars and not more than twenty-five dollars, or imprisoned in the county jail for a period of not less than five days nor more than ten days, or be both fined and imprisoned, at the discretion of the court.

Enticing employees.

tract.

con

SECTION 1349. If any person shall willfully entice, persuade, or Persuasion to otherwise influence any person or persons, who have contracted to abandon labor for a fixed period of time, to abandon such contract before such period of service shall have expired without the consent of the employer, he shall be fined not exceeding fifty dollars, and be liable to the party injured for such damages as he or they may have sustained.

Payment of wages.

SECTION 1350. Any corporation or person or persons having the ownership or control of any factory, mine or workshop in this Commonwealth, who shall violate the provisions of section 244 of the constitution, reading as follows: "All wage-earners in this State employed in factories, mines, workshops or by corporations shall be paid for their labor in lawful money," shall be guilty of a misdemeanor, and, on trial and conviction, had in any court of competent jurisdiction, shall be fined not exceeding five hundred dollars for each violation thereof.

A mining company paid its employees monthly in lawful money, and between pay days issued checks to its employees on their application, payable in merchandise at the company's store. The balance at the end of the month was paid in cash, but no outstanding checks were redeemed. was held not to be a violation of the statute. 28 S. W. Rep. 502.

This

Penalty.

Protection of employees as voters.

Four hours

SECTION 1574. Any person entitled to a vote at any election in this State shall, on the day of such election, be entitled to absent him- to be allowed. self from any services or employment in which he is then engaged or employed for a period of four hours, between the time of opening and 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 for such Proviso. leave of absence shall be made prior to the day of election.

The

Attempting

vote.

employer may specify the hours during which said employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or shall discharge or threaten to discharge an employee for absenting himself for the purpose of said election from his work, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privilege, or who shall, directly or indirectly, violate the provisions of this section, shall be deemed guilty of a misdemeanor, and be fined in any sum not less than fifty nor more than five hundred dollars.

SEC. 1574A.

*

3. Any corporation chartered under the laws of this State, to influence or authorized to do business therein, which shall, through any officer, attorney, agent or employee, or otherwise, directly or indirectly, influence or attempt to influence by bribe, favor, promise, inducement, threat or otherwise, the vote or suffrage of any employee or servant of such corporation against or in favor of any candidate, platform or principles or issue in any election held under the laws of the Commonwealth, shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than five hundred dollars nor more than five thousand dollars for each offense, and its charter, or authority to do business in this State, shall, upon such conviction, be repealed, revoked, annulled and held for naught.

Wages earned

State.

Exemption of wages from execution.

SECTION 1701A. Wages earned out of this State and payable out outside of of this State shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this State, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with process.

Fire escapes to be erected.

By whom.

Violations.

Fire escapes on factories, etc.

SECTION 1830. All buildings of three or more stories in height, in every city of more than ten thousand inhabitants as enumerated by the last United States census, excepting private residences and store and ware houses in which not more than twenty persons are employed, shall be provided with one or more permanent metallic ladders or fire escapes, extending from the first story to the upper stories of such building, and above the roof and on the outer walls thereof, in such location, numbers and character of construction as the chief of fire department or chief fire officer of each such city may determine. The said chief of the fire department or chief fire officer shall examine the building and serve, either in person or by deputy, a notice, in writing, upon the owner, agent, lessee or occupant of such building, by leaving at his or her residence or place of business a copy of such notice, setting forth the number, kind, construction and location of the ladder or ladders required, and directing that the work shall be completed not later than thirty days from the filing of the notice.

SEC. 1831. If the owner of the building fails to take steps looking to the compliance of the specifications of the said notice, then the agent, lessee or occupant, who is jointly liable for the violation of the provisions of this act, must have the work performed at his own expense, and for which a lien on the building and grounds is hereby declared to exist after record in the office of the county clerk.

SEC. 1832. Any owner, agent, lessee or occupant of such building violating any of the provisions of this act shall be fined not less than fifty dollars nor more than two hundred and fifty dollars for each thirty days the building may be unprovided with the ladder or fire escapes, recoverable on motion before any court of competent jurisdiction.

Actions for injuries-Limitation.

SECTION 2516. An action for an injury to the person of the plaintiff, or of his wife, child, ward, apprentice, or servant, or for injuries to person, cattle, or stock, by railroads, or by any company or corporation; shall be commenced within one year next after the cause of action accrued, and not thereafter.

*

Employment of labor-Contracts to be performed.

Action to be brought within one year.

re

SECTION 2607. All persons who shall come to this State under a Specific performance contract to serve another in any occupation, shall be compelled to quired. perform the contract specifically during the time thereof, or so much of the same as shall not exceed seven years. Infants under fourteen years, under contract entered into by their guardian or father, shall serve to the age of twenty-one years, or such shorter time as the contract shall fix.

Duty of

SEC. 2608. A servant bound to service shall be provided by his master with a sufficiency of wholesome food, clothing, and lodging, master. and medical attention; and, at the end of his service, the servant shall receive from the master a good full new suit of clothes, suited to the season of the year.

Contracts

SEC. 2609. The master of such servant may assign the benefit of his contract to any person whom the servant may, in the presence assignable. of a judge of a court, consent to serve, the judge attesting such consent, which must be in writing. The right of such service shall, on the death of the master, pass to his personal representative or devisee.

SEC. 2610. All contracts entered into between master and servant during the period of service, shall be void, except such as are clearly beneficial to the servant.

Mine regulations-Wages-Company stores.

SECTION 2722. There shall be appointed by the governor, with the advice and consent of the senate, an inspector of mines, who shall hold his office for four years, and until his successor is appointed and qualified; but he shall be liable to be removed by the governor for willful neglect of duty or malfeasance in office. Any vacancy in the office of inspector which may occur when the senate is not in session shall be filled by appointment of the governor till the close of the next session of the senate. Said inspector shall have a practical knowledge of chemistry, geology and mineralogy, and shall also possess a practical knowledge of the different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of the mines, especially fire damp, and he shall also have a practical knowledge of mining and engineering; and said inspector shall, before he enters upon the discharge of his official duties, be sworn to discharge them faithfully and impartially, which oath shall be subscribed on his commission, and certified by the officer administering it, and his commission so indorsed shall be filed with the secretary of state in his office; and said inspector shall give bond in the penal sum of five thousand dollars, with surety, to be approved by the governor, for the faithful discharge of his duties.

SEC. 2723. Said inspector shall give his entire time and attention to the discharge of the duties of his office, and it shall be a part of his duty to visit and inspect, as often as may be necessary, all the coal mines in actual operation in Kentucky, and to see that the provisions of this act are complied with by the owners, agents and superintendents of all the mines in this State.

SEC. 2724. Said inspector shall have power to visit and inspect any mine to which this act applies. He shall examine into the condition of such mine with respect to ventilation, drainage, timbering and general security; and if, upon inspection, he finds that such ventilation, drainage or timbering as the health or

43967-08-32

What contracts void.

Inspector of

mines.

Duties.

Powers and

duties.