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vided for. Any moneys in the hands of the treasurer of the said board at the time of making such report shall be kept by him for the future maintenance of the board and be disbursed by him upon warrants signed by the president and secretary of the said

board. Examinations. SEC. 354. Said board shall hold public examinations at least

four times in each year in at least four different cities in this State at such times and places as it may determine, notice of such meetings to be given by a publication thereof at least ten days. before such meetings, in a newspaper published in the county

where such meeting is to be held. Registration Sec. 355. Every person now engaged in the occupation of barber without exam- in this State shall, within ninety days after the taking effect of ination,

this article, file with the secretary of said board an affidavit setting forth his name, residence and length of time during which,

and the place where he has practiced such occupation, and shall Fee.

pay the treasurer of said board two dollars, and a certificate of registration entitling him to practice said occupation shall there

upon be issued to him. Applicants. SEC. 356. Any person desiring to obtain a certificate of registra

tion under this article shall make application to said board there

for and shall pay to the treasurer of said board an examination Fee.

fee of five dollars, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board shall proceed to examine such persons, under such rules and regulations as may be by said board prescribed, which

rules and regulations shall require that said applicant shall preQualifications. sent to said board a certificate from some reputable physician

designated by said board to the effect that said applicant is free from any contagious or infectious disease, and being satisfied that he is above the age of nineteen years, of good moral character, free from contagious or infectious diseases, has either studied the trade for three years as an apprentice under a qualified and practicing barber, or studied the trade for at least three years in a properly appointed and conducted barber school under the instructions of a competent barber, or practiced the trade in another State for at least three years, and is possessed of the requisite skill in said trade to properly perform all the duties thereof, including his ability in the preparation of tools, shaving, hair cutting, and all the duties and services incident thereto, and is possessed of sufficient knowledge concerning the common disea ses of the face and skin to avoid the aggravation and spreading

thereof in the practice of said trade. His name shall be entered Certificate. by the board in the register hereafter provided for, and a certifi

cate of registration shall be issued to him, authorizing him to practice said trade in this State; Provided, That whenever it appears that the applicant has acquired his knowledge of said trade in a barber school, the board shall be judges of whether said barber school is properly appointed and conducted and competent to give sufficient training in such trade. All persons making application for examination under the provisions of this article shall be allowed to practice the occupation of barbering until the next regular meeting of said board. Certificates of registration provided for in this article, shall be valid for one year from the date thereof, but shall be renewed by said board upon application within thirty days after the expiration thereof and the payment of one dollar to the treasurer of said board, which application shall be accompanied by a certificate from a physician approved by said board, stating that said applicant is free from contagious

or infectious diseases. Apprentices. SEC. 357. Nothing in this article shall prohibit any person from

serving as an apprentice in said trade under a barber authorized to practice same under this article nor from serving as a student in any school for the teaching of such trade under the instruction of a qualified barber; Provided, That in shops where there are two or more barbers there shall not be more than one apprentice to two barbers authorized under this article to practice said occu

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pation; Provided, further, That all persons serving as apprentices sball within ninety days after the taking effect of this article file with the secretary of said board an affidavit setting forth his name, residence, and the length of time and place he has practiced as such apprentice, and shall pay the treasurer of said board two dollars, and a certificate of registration entitling him to practice as a barber's apprentice shall thereupon be issued to him, which certificate shall be kept posted in a conspicuous place in front of his working chair.

Sec. 358. It shall be unlawful for any registered barber or bar- Sunday labor. ber's apprentice to practice the occupation of a barber upon Sunday; Provided, That nothing in this article shall prevent or prohibit a barber from shaving or otherwise preparing the dead for burial on Sunday.

Sec. 359. Said board shall furnish to each person to whom a Card be certificate of registration is issued a card or insignia bearing the posted. seal of the board and the signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in this State, for a period of one year from the date thereof, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair, where it may readily be seen by all persons whom he may serve. Sec. 360. Said board shall keep a register in which shall be en

Register. tered names of all persons to whom certificates are issued under this article, and said register shall be at all times open to public inspection.

Sec. 361. Said board shall have power to revoke any certificate Revocation of of registration granted by it under this article, for conviction of certificate. crime, habitual drunkenness for six months immediately preceding the time of receiving notice of a charge thereof duly made, as hereinafter provided, gross incompetency, or contagious or infectious diseases; Provided, That before any certificate shall be revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall at a day specified in said notice, at least five days after the service thereof, be given a public hear-' ing and full opportunity to produce testimony in his behalf and to confront the witnesses against him. Any person whose certificate has been so revoked may, after 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.

SEC. 362. To share or trim the beard or cut the hair of any per- Definition. son for hire or reward received by the person performing such service, or any other person shall be construed as practicing the occupation of barber within the meaning of this article.

Sec. 363. Any person practicing the occupation of barber with: Penalty. out having obtained a certificate of registration, as provided by this article, or willfully employing a barber who has not such certificate, or falsely pretending to be qualified to practice such occupation under this article, or violation of (violating) any of the provisions of this article, is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a tine of not less than ten dollars or more than one hundred dollars, or by imprisonment in the county jail not less than ten days or more than ninety days.

Proviso,

Employment of children.

SECTION 894 (as amended by chapter 98, Acts of 1907). Every School attendparent, guardian or other person who resides in any school disance required. trict or city, who has control of any child or children of or between the ages of eight and fourteen years, shall send such child or children to a public school in each year during the entire time the public schools of such district or city are in session, Provided, That such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or by the board of education of the city or

village whenever it shall be shown to their satisfaction, subject to appeal as provided by law, that one of the following reasons there for exists:

1. That such child is taught for the same length of time in a parochial or private school, approved by such board; that no school shall be approved by such board unless the branches usually taught in the public schools are taught in such schools.

2. That such child is actually necessary to the support of the family.

3. That such child has already acquired the branches of learning taught in the public schools.

4. That such child is in such a physical or mental condition (as declared by the county physician, if required by the board) as to render such attendance inexpedient or impracticable. If no school is taught the requisite length of time within three miles of the residence of such child by the nearest route, such attendance shall not be enforced, except in cases of consolidated schools where transportation may be arranged for by the school board: Provided, That in districts where children reside beyond the threemile limit and school facilities are not otherwise provided, the district school board shall provide transportation for such children to and from school. In districts having consolidated schools where transportation is arranged for by the school board, or in other districts providing transportation, attendance shall be required of pupils residing within four miles of such school or

schools, Employment SEC. 897. No child between eight and fourteen years of age during school

shall be employed in any mine, factory or workshop or mercanhours.

tile establishment, or, except by his parents or guardian, in any other manner, during the hours when the public schools in the

city, village or district are in session, unless the person employCertificate. ing him shall first pro re a certificate from the superintendent

of schools of the city or village, if one is employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as provided in section 894; and it shall be the duty of such superintendent or clerk to furnish such certificate upon application of the parent, guardian or other persons having

control of such child, entitled to the same. Penalty. SEC. 898. Each owner, superintendent or overseer of any mine,

factory, workshop or mercantile establishment, and any other person who shall employ any child between eight and fourteen years of age contrary to the provisions of this article, is guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum not less than twenty nor more than fifty dollars and costs. Each person authorized to sign a certificate as prescribed in the preceding section, who certifies to any materially false statement therein, shall be fined not less than twenty nor more than fifty dollars and costs.

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Coal used in public buildings to be mined within the state. l'se of native

SECTION 1290. The various State institutions, county buildings coal.

and public schoolhouses of this State shall use for fuel, native or lignite coal, and it shall be unlawful for any officer to purchase for use in such institutions, county buildings and public schools any coal other than that taken from the mines within the boundaries of this State. This section shall not be construed, however, as prohibiting the use of wood at such institutions, county buildings and public schools, when the cost thereof does not exceed that of native coal, or the use of coal other than native lignite coal at such public schools as are located six miles or more from any mine or railroad station within the boundaries of this State: Provided, That the comparative cost of such fuel is not greater than that of lignite coal.

Employment of intemperate drivers on public conveyanccs.

SECTION 1461. No person owning or having the direction or con- Intemperate trol of any coach or other vehicle running or traveling upon any

drivers not to road in this State for the conveyance of passengers shall employ

be employed. or continue in his employment any person to drive such coach or other vehicle who is addicted to drunkenness or to the excessive use of intoxicating liquors; and if any person shall violate the provisions of this section, he shall forfeit and pay a sum of not less than ten nor more than fifty dollars, and shall be liable for all damages sustained thereby. Factories and workshopsFire escapesDoors to open outwardly.

SECTION 2175. The owners and proprietors of all hotels, fac- Fire escapes tories, public halls, offices and other buildings in this State, over

to be provided. two stories in height, are required to provide safe and suitable fire escapes from all rooms above the second story of such hotel or other building, and when rooms have no outside windows there shall be affixed to the window in the hallway leading from such room at least three fire escapes in each window as herein directed. Such fire escape shall consist of at least one good cotton rope not less than one inch in diameter, to be securely and permanently fastened with iron rings or bolts at a point immediately outside or inside of at least one window in each room above the second story; and such rope shall be of sufficient length to reach to the ground; Provided, That if the owner or proprietor of any such Proviso. buildings shall provide good and sufficient iron ladders extending from each of the windows herein mentioned, and from points immediately adjacent to each of such windows, to the ground, securely and permanently fastened to such building, or shall have the fire escape ladder in each of the rooms and hall windows aforesaid, of sufficient length to reach from such windows to the ground, he will be deemed to have complied with the requirements of this section.

Sec. 2176. Any person violating any of the provisions of the last Penalty. section shall be punished by a fine of not less than twenty-five dollars for each room in such hotel or other building not provided with fire esca pes as aforesaid.

Sec. 2177. All doors of ingress and egress in all buildings used Doors to for factories,

wherein numbers of persons open outward. a re employed

shall be so constructed as to open and swing outward, and doorways shall not be less than four feet in width, with proper landings and stairways of at least equal width.

Sec. 2178. It shall be the duty of all persons owning or having Who to make charge of such buildings,

to comply with the provisions changes. of the last section Sec. 2179. Any person failing to comply with the provisions of Penalty.

[section 2177), or who shall build, maintain or permit to be used any such building contrary to the provisions hereof shall be deemed guilty of a misdemeanor.

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CIVIL CODE.

Earnings of minors.

SECTION 4105. The wages of a minor employed in service may Payment to be paid to him or her until the parent or guardian entitled thereto

minors valid

until notice. gives the employer notice that he claims such wages.

Railroads-Trains not to be run without sufficient crew.

SECTION 4307. It shall be the duty of every corporation oper- Number of ating a railway within the limits of this State which has not com- brakemen, plete air equipments in good order on all rolling stock in use on said road to furnish at least two brakemen to each freight train

43967—08-62

consisting of forty-five cars and it shall be the duty of said com-' pany to furnish an extra bra keman on said freight train for every ten cars or fraction thereof in excess of said forty-five cars: Provided, That this section shall not apply to any train which has therein, equipped with air brakes, a sufficent number of cars to

render hand brakes unnecessary in the ordinary stoppage of trains. Penalty. SEC. 4308. For each and every violation of the last section the

railroad corporation so offending shall be subject to a penalty of fifty dollars to be recovered in a civil action and paid to the State of North Dakota and it is made the duty of the attorney-general upon complaint of any citizen to commence and prosecute this action in his own name as attorney general on behalf of the State.

Liability of employers for injuries to employees. Negligence SECTION 4100. Every railroad company organized or doing busiof coemployees

ness in this State shall be liable for all damages done to any emon railroads.

ployee of such company, in consequence of any negligence of its agents, or by any mismanagement of its engineers, or other employees, to any person sustaining such damage, and no contract

which restricts such liability shall be legal or binding. Want of Sec. 5392. Everyone is responsible not only for the result of his care, etc. willful acts, but also for an injury occasioned to another by his

want of ordinary care or skill in the management of his property or person, except so far as the latter has willfully or by want of ordinary care, brought the injury upon himself.

Employment of labor-General provisions. Definition. SECTION 5542. The contract of employment is a contract by

which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the em

ployer or a third person. Employee to SEC. 5513. An employer must indemnify his employee except be indemnified, when.

as prescribed in the next section for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such or of his obedience to the directions of the employer, even though unlawful, unless the employee at the time of obeying such

directions believed them to be unlawful. Ordinary

Sec. 5514. An employer is not bound to indemnify his employee risks.

for losses suffered by the latter in consequence of the ordinary risks of the business in which he is employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless he has neglected to use ordi

nary care in the selection of the culpable employee. Employer's SEC, 5545. An employer must in all cases indemnify his employee negligence.

for losses caused by the former's want of ordinary care.

Sections 5544 and 5545 are an enactment of the common law and do not

change the rule as to the liability of employers. 3 Dak. 38. Service with- Sec. 5516. One who without consideration undertakes to do a out considera- service for another is not bound to perform the same, but if he tion.

actually enters upon its performance he must use at least slight

care and diligence therein. Employment SEC. 5517. One who by his own special request induces another on request. to intrust him with the performance of a service must perform the

same fully. In other cases one who undertakes a gratuitous sery

ice may relinquish it at any time. Service for SEC. 5519. One who for a good consideration agrees to serve anreward.

other must perform the service and must use ordinary care and

diligence therein so long as he is thus employed. Service for SEC. 5550. One who is employed at his own request to do that personal a d - which is more for his own advantage than for that of his employer vantage.

must use great care and diligence therein to protect the interests of

the latter. Limit of SEC. 5551. A contract to render personal service, other than a tract.

contract of apprenticeship, as provided in the chapter on master and servant, can not be enforced against the employee beyond the

term

of

con

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