Bonds. Register. Fees. fees. SEC. 3. The mayor of said city shall require such person to file with his application for a license a bond in due form to the people of the said city in the penal sum of one thousand dollars in cities of the second class, with two or more sufficient sureties, and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions, or requirements of this act. If any person shall be aggrieved by the misconduct of any such licensed person, and shall recover judgment against him therefor, such person may, after the return unsatisfied, either in whole or in part, of any execution issued upon said judgment, maintain an action in his own name upon the bond of said employment agent in any court having jurisdiction of the amount claimed provided such court shall, upon application made for the purpose, grant such leave to prosecute. SEC. 4. It shall be the duty of every such licensed person to keep a register, approved by the mayor, in which shall be entered, in the English language, the date of every application for employment; the name and address of the applicant; the amount of the fee received, and whenever possible, the names and addresses of former employers or persons to whom such applicant is known. Such licensed person shall also enter in a separate register approved by the mayor in the English language, the name and address of every applicant for help, the date of such application, the kind of help requested, the names of the persons sent, with the designation of the one employed, the amount of the fee received and the rate of wages agreed upon. The aforesaid registers of applicants for employment and for help shall be open during office hours to inspection by the mayor. No such licensed person, his agent or employees, shall make any false entry in such registers. It shall be the duty of every licensed person, whenever possible, to communicate orally or in writing with at least one of the persons mentioned as references for every applicant for work in private families, or employed in a fiduciary capacity, and the result of such investigation shall be kept on file in such agency. SEC. 5. The fees charged applicants for employment as lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrub women, laundresses, maids, nurses (except professional) and all domestics and servants, unskilled workers and general laborers, shall not in any case exceed ten per centum of the first month's wages, and for all other applicants for employment, shall not exceed the amount of the first week's wages or salary or five per centum of the first year's salReturn of ary. In case the applicant shall not accept or obtain help or employment, through such agency, then such licensed person shall on demand, repay the full amount of the said fee, allowing five days' time to determine the fact of the applicant's failure to obtain help or employment; except when it appears that the said licensed person has in good faith, attempted to procure help or employment for said applicant, then he shall be entitled to retain of such fee paid, an amount not exceeding fifty cents. If an employee furnished fails to remain one week in the situation, a new employee shall be furnished or three-fifths of the fee returned, within four days of demand; if the employee is discharged within one week without said applicant's fault another position shall be furnished or three-fifths of the fee returned. Failure of said applicant for help to notify said licensed person that such help has been obtained through means other than said agency shall entitle said licensed person to retain or collect three-fifths of the said fee. It shall be the duty of such licensed person to give to every applicant for employment from whom a fee shall be received a receipt in which shall be stated, the name of said applicant, the date and amount of the fee, and the purpose for which it is paid, and to every applicant for help a receipt stating the name and address of said applicant, the date and amount of the fee, and the kind of help to be provided. Every such receipt shall have printed on the back thereof a copy of this section in the English language and in Receipts. languages which persons commonly doing business with such office Act to be Enticing em SEC. 6. No such person shall induce or attempt to induce any 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 outwhich 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. Immoral re SEC. 7. No such licensed person shall send or cause to be sent 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 advertisements 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. Advertise Enforce SEC. 8. In cities of the second class this law shall be enforced 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. SECTION 47. Each [public service] commission shall investigate 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 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 Invest igation. Notice. ances. 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. NORTH CAROLINA. REVISAL OF 1905. Wages as preferred claims-In administration. SECTION 87. The debts of the decedent must be paid in the following 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. Judgments for wages-No property exempt. SECTION 685. * The property, real and personal, specified in the third subdivision 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. SECTION 1206. In case of the insolvency of any corporation the 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. License re SECTION 2050. No person shall engage in the business of loading 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 applicant shall pay to the sheriff an annual tax of fifty dollars, and shall execute a bond with two or more approved sureties in 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. Employees on oyster boats. Tax. Bond. Who may not Or employed. SECTION 2408. No person shall be licensed to catch oysters from 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 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 fellow 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 null and void. 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. 43967-08-61 of law. Fifteen days' Leave of absence for State employecs. SECTION 2763 (as amended by chapter 117, Acts of 1907). Every leave allowed. laborer, waiter and messenger permanently employed under authority of law in and about the public buildings and grounds, who shall have served faithfully therein for the space of one continuous 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. 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. Age limit. Employment of children. 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, except in oyster canning and packing manufactories where said canning and packing manufactories pay for opening or shucking oysters by the gallon or bushel, he shall be guilty of a misde Hours of labor. Statement as to age. Procuring meanor. Employment of minors in violation of this section is negligence, which, SEC. 3363. If any mill owner, superintendent, or other person 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. 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. 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 imprisoned not exceeding six months. Hiring employee another. SEC. 3374 (as amended by chapter 402, Acts of 1907). If any of person shall knowingly hire, employ, harbor or detain in his own' service any servant, employee, or wage hand of any other person, who shall have contracted in writing, or orally, for a fixed period |