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languages which persons commonly doing business with such office can understand. No such licensed person shall receive or accept any valuable thing or gift as a fee or in lieu thereof and no fee shall be accepted by such licensed person for any other purpose except as herein provided. No such licensed person shall divide fees with contractors or other employees to whom applicants for employment are sent. Every such licensed person shall give to each applicant for employment a card containing the name and address of such employment agency and the written name and address of the person to whom the applicant is sent for employment. Every such licensed person shall post in a conspicuous place in Act to be each room of such agency a plain and legible copy of this act, posted. which shall be printed in languages, which persons commonly doing business with such office can understand.
SEC. 6. No such person shall induce or attempt to induce any Enticing em employee to leave his employment with a view to obtaining other ployees. employment through such agency. Whenever such licensed person or any other acting for him, agrees to send one or more persons to work as contract laborers in any one place outside the city in Sending out. which such agency is located, the said licensed person shall file side city. with the mayor within five days after the contract is made, a statement containing the following items: Name and address of the employer, name and address of the employee; nature of the work to be performed, hours of labor; wages offered, designation [destination of the persons employed, and terms of transportation. A duplicate copy of this statement shall be given to the applicant for employment in a language which he is able to understand.
SEC. 7. No such licensed person shall send or cause to be sent Immoral any female help as servants or inmates to any questionable place, sorts, etc. or place of bad repute, house of ill fame, or assignation house, or to any house or place of amusement kept for immoral purposes, the character of which such licensed person could have ascertained upon reasonable inquiry. No such licensed person shall knowingly permit questionable characters or procurers to frequent such agency. No such licensed person shall publish or cause to be published any false or fraudulent notice or advertisement; all ad- Advertise. vertisements of such employment agency by means of cards, cir- ments. culars, or signs and in newspapers and other publications, and all letter heads, receipts, and blanks shall contain the name and address of such employment agency and no such licensed person shall give any false information, or make any false promise concerning employment to any applicant who shall register for employment or help.
SEC. 8. In cities of the second class this law shall be enforced Enforce. by the mayor, or an officer appointed by him. Any violation of the ment. provisions of this act shall constitute a misdemeanor punishable by a fine of not more than two hundred and fifty dollars or imprisonment for not more than one year, except as provided in section two, and the mayor shall institute criminal proceedings for its enforcement before any court of competent jurisdiction.
ACTS OF 1907.
CHAPTER 429.—Accidents on railroads—Inspection of appliances.
tion. the cause of all accidents on any railroad or street railroad within its district which result in loss of life or injury to persons or property, and which in its judgment shall require investigation. Every common carrier, railroad corporation and street railroad Notice. corporation is hereby required to give immediate notice to the commission of every accident happening upon any line of railroad or street railroad owned, operated, controlled or leased by it, within the territory over which such commission has jurisdiction in such manner as the commission may direct. Such notice shall not be admitted as evidence or used for any purpose against such
common carrier, railroad corporation or street railroad corporation giving such notice in any suit or action for damages
growing out of any matter mentioned in said notice. Changes, SEC. 50. If, in the judgment of the commission having jurisetc., in appli- diction, repairs or improvements to or changes in any tracks,
switches, terminals or terminal facilities, motive power, or any other property or device used by any common carrier, railroad corporation or street railroad corporation in or in connection with the transportation of passengers, freight or property ought reasonably to be made, or that [if] any additions should reasonably be made thereto, in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for the transportation of passengers, freight or property, the commission shall, after a hearing either on its own motion or after complaint, make and serve an order directing such repairs, improvements, changes or additions to be made within a reasonable time and in a manner to be specified therein, and every common carrier, railroad corporation and street railroad corporation is hereby required and directed to make all repairs, improvements, changes and additions required of it by any order of the commission served upon it.
REVISAL OF 1905.
Wages as preferred claims-In administration.
Order of SECTION 87. The debts of the decedent must be paid in the folpayment. lowing order:
First class. Debts which by law have a specific lien on property to an amount not exceeding the value of such property.
Second class. Funeral expenses.
Third class. Taxes assessed on the estate of the deceased previous to his death.
Fourth class. Dues to the United States and to the State of North Carolina.
Fifth class. Judgments of any court of competent jurisdiction within this State, docketed and in force, to the extent to which they are a lien on the property of the deceased at his death.
Sixth class. Wages due to any domestic servant or mechanical or agricultural laborer employed by the deceased, which claim for wages shall not extend to a period of more than one year next preceding the death; or if such servant or laborer was employed for the year current at the decease, then from the time of such employment; for medical services within the twelve months preceding the decease.
Seventh class. All other debts and demands.
Debts for la
The property, real and personal, specified in the third subdivibor.
sion of this section, and the homestead of any resident of this State shall not be subject to sale under execution or other process thereon, except such as may be rendered or issued to secure the payment *
for work done and performed for the claimant of said homestead,
Wages preferred-In insolvency of corporations. Wage claims
SECTION 1206. In case of the insolvency of any corporation the are a first lien.
laborers and workmen and all persons doing labor or service of whatever character in the regular employment of such corporation, shall have a first and prior lien upon the assets thereof for the amount of wages due to them respectively for all labor, work, and services done, performed or rendered within two months next preceding the date when proceedings in insolvency shall be actually instituted and begun against such insolvent corporation, which lien shall be prior to all other liens that can or may be acquired upon or against such assets.
Stevedores to be licensed-Bonds for protection of wages.
SECTION 2050. No person shall engage in the business of loading License re. or unloading vessels upon contract, nor shall any person solicit or quired. make any contract for himself or for any other person to load or unload any vessel either by day's work or by the job, without having previously obtained a license therefor, in the manner provided by law for other licenses for trades and occupations. *
SEC. 2051. Before the sheriff shall issue the said license the Tax. applicant shall pay to the sheriff an annual tax of fifty dollars, and shall execute a bond with two or more approved sureties in
Bond. the sum of two thousand dollars, payable to the State of North Carolina, and conditioned for the faithful performance of his duties and the due and lawful payment of all sums due to laborers assisting in the work of loading or unloading any vessel upon which the applicant may be engaged. And every bond so taken shall be renewed annually, and shall be filed with and preserved by the register of deeds in trust for every person that shall be injured by the breach of his contracts, who may severally bring suit thereon for the damages by each one sustained.
Employecs on oyster boats.
SECTION 2408. No person shall be licensed to catch oysters from who may not the public grounds of the State who is owner, lessee, master, cap
be licensed ; tain, mate or foreman, or who owns an interest in or who is an agent for any boat that is used or that may be used in dredging oysters from the public grounds of the State, who is not a bona fide resident of this State and who has not continuously resided therein for two years next preceding the date of his application for license, and no nonresident shall be employed as a laborer Or employed. on any boat licensed to dredge oysters under this subchapter who has an interest in or who receives any profit from the oysters caught by any boat permitted to dredge oysters on the public grounds of the State. Any person, firm or corporation employing any nonresident laborer forbidden by this section, upon conviction shall be fined not less than fifty dollars nor more than five hundred dollars.
Liability of railroad companies for injuries to employees.
SECTION 2646. Any servant or employee of any railroad com- Acts of fel.
low · servants, pany operating in this State who shall suffer injury to his person, etc or the personal representative of any such servant or employee who shall have suffered death in the course of his services or employment with such company by the negligence, carelessness or incompetence of any other servant, employee or agent of the company, or by any defect in the machinery, ways or appliances of the company, shall be entitled to maintain an action against such company. Any contract or agreement, expressed or implied, made Contracts by any employee of such company to waive the benefit of this sec- waiving benefit tion shall be pull and void.
of law. This law, where it applies, has the effect of making all coemployees of railroad companies agents and principals of the company so far as fixing its liability for their neglect is concerned. 54 S. E. Rep. 391.
Within the limits set by this statute the defense of assumption of risks is abrogated. 52 S. E. Rep. 129. It applies to logging roads. 54 S. E. Rep. 795.
Leave of absence for State employecs.
Fifteen days' SECTION 2763 (as amended by chapter 117, Acts of 1907). Every leave allowed. laborer, waiter and messenger permanently employed under au
thority of law in and about the public buildings and grounds, who shall have served faithfully therein for the space of one continlious year, shall be entitled to fifteen days' leave of absence per annum, with full pay at the end of every year of such service.
Sunday labor, SECTION 2836. On the Lord's day, commonly called Sunday, no etc., forbidden. tradesman, artificer, planter, laborer, or other person, shall, upon
land or water, do or exercise any labor, business or work, of his ordinary calling, works of necessity and charity alone excepted, nor employ himself in hunting, fishing or fowling, nor use any game, sport or play, upon pain that every person so offending, being of the age of fourteen years and upwards, shall forfeit and pay one dollar.
Employment of children.
Age limit. SECTION 3362. If any mill owner, superintendent or other person
acting in behalf of a factory or manufacturing establishment shall
knowingly and willfully employ any child under twelve years of Exceptions. age to work in any factory or manufacturing establishment, ex
cept in oyster canning and packing manufactories where said canning and packing manufactories pay for opening or shúcking oysters by the gallon or bushel, he shall be guilty of a misdemeanor.
Employment of minors in violation of this section is negligence, which, if followed by injury, gives a cause of action. 53 8. E. Rep. 891.
Illegal employment is negligence per se, and not merely evidence of
negligence. The statute is constitutional. 61 S. E. Rep. 525. Hours of la
SEC. 3363. If any mill owner, superintendent, or other person bor.
acting in behalf of a factory or manufacturing establishment shall knowingly and willfully require any person under eighteen years of age, except engineers, firemen, machinists, superintendents, overseers, section and yard hands, office men, watchmen or repairers of breakdowns, to work in such factories or establishments a longer period than sixty-six hours in one week, he shall
be guilty of a misdemeanor. Statement as SEC. 3364. If any parent or person standing in the relation of
parent, upon hiring his children to any factory or manufacturing establishment, shall fail to furnish such establishment a written statement of the age of such child or children being so hired, and if any such parent, or person standing in the relation of parent to such child or children shall, in such written statement misstate the age of such child or children being so employed he shall be guilty of a misdemeanor, and upon conviction shall be punished at the discretion of the court,
Interference with employment-Enticing employees.
Procuring SECTION 3365. If any person shall entice, persuade and procure violation of any servant by indenture, or any servant who shall have concontract, etc.
tracted in writing or orally to serve his employer, to unlawfully leave the service of his master or employer; or if any person shall knowingly and unlawfully harbor and detain, in his own service and from the service of his master, or employer, any servant who shall unlawfully leave the service of such master, or employer, then, in either case, such person and servant shall be guilty of a misdemeanor and fined not exceeding one hundred dollars or im
prisoned not exceeding six months. Hiring em- SEC. 3374 (as amended by chapter 402, Acts of 1907). If any ployee of person shall knowingly hire, employ, harbor or detain in his own' another.
service any servant, employee, or wage hand of any other person, who shall have contracted in writing, or orally, for a fixed period
of time to serve his employer, and who shall have left the service of his employer, in violation of his contract, he shall be guilty of a misdemeanor, and shall be civilly liable in damages to the party so aggrieved. This section shall apply to the following counties: Beaufort, Edgecombe, Person, Pitt, Washington, Warren, Vance, Pender, Halifax, Guilford, Granville, Hertford, Wayne, Wake and Caswell.
Protection of employees as voters.
SECTION 3387. If any person shall discharge from employment, Discharging
any qualified voter of this State because of the vote such employee for roter may or may not have cast in any election, he shall be guilty of a misdemeanor.
Contracts of employment-Defrauding minors.
SECTION 3428a. Whenever any person having a contract with Fraudulent any corporation, company or person for the manufacture or change employment of
minors. of any raw material by the piece or pound shall hire and employ any minor to assist in said work upon the faith of and by color of said contract and with intent to cheat and defraud said minor, and shall secure the contract price and shall willfully fail to pay said minor when he shall have performed his part of said contract work, whether done by the day or by the job, the person so offending shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.
Employment of children-Enticing out of State.
SECTION 3630. If any person shall employ and carry beyond the Engaging mllimits of this State any minor, or shall induce any minor to go
to go out beyond the limits of this State for the purpose of employment without the consent in writing, duly authenticated, of the parent, guardian or other person having authority over such minor, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred and not more than one thousand dollars for each offense. The fact of the employment and going Evidence. out of the State of a minor, or of the going out of the State by the minor, at the solicitation of the person for the purpose of employment, shall be prima facie evidence of knowledge that the person employed or solicited to go beyond the limits of the State is a minor.
Payment of wages-Use of nontransferable scrip prohibited.
SECTION 3730. If any person who employs laborers by the day, Scrip to be week or month shall issue in payment for such labor any ticket or
transferable. tickets, certificate or other script [scrip] bearing upon their face the word “nontransferable," or shall issue tickets, certificates or script [scrip] in any form that would render them void by transfer from the person to whom issued, or shall refuse to pay to the person holding the same their face value, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than fifty dollars for each offense, or imprisoned not more than thirty days.
This statute does not authorize the assignee of scrip payable in merchandise to demand and receive payment in money. 112 N. C. 164.
Who are va
Hiring out children, etc., to support men in idleness. Section 3740. If any person shall come within any of the following classes, he shall be deemed a vagrant, and shall be fined grants. not exceeding fifty dollars or imprisoned not exceeding thirty days.