one hundred dollars for each offense, to be recovered by the husband, wife, parent, child, guardian or employer of such person in an action on the case. But such action shall not be had unless commenced within two years from the time of the alleged offense. SEC. 84. [An] * * * employer or other person who is in- Damages. jured in person, property or means of support by an intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action against any person or persons who by selling or giving intoxicating liquor have caused in whole or in part such intoxication;

* *

*

ACT No. 90.-Employment of women and minors in barrooms.

No female [shall] be employed on the premises or in the room in which the license is operated.

No male person under the age of twenty-one [shall] be employed therein.

The two prohibitions last named shall not apply to hotels, common victuallers or pharmacists holding a license of the fifth class [druggist's license].

ACT No. 158.-Payment of wages-Scrip.

Women and minors not to be employed.

SECTION 1. Any person, corporation or business firm using checks,, Scrip, etc., to other than bank checks, slips, duebills, or other device to repre- in money. be redeemable sent money in payment of wages or any other debt or obligation due to any employee or servant of such person, corporation or business firm, shall pay the face value of such checks, slips, duebills or other device, in current money of the United States to the holder thereof on the regular pay days of such person, corporation or business firm, and such checks, slips, duebills or other device shall be redeemable at intervals of not more than one month: Provided, however, That if any such employee or servant be discharged during the month, said checks, slips, duebills and other device shall be redeemed at their face value, in current money of the United States on the day of his discharge.

SEC. 2. Any person, corporation or business firm refusing to Penalty. redeem any of its obligations as above provided, shall forfeit twice the face value in an action on this statute.

VIRGINIA.

CONSTITUTION.

ARTICLE 4.-Local or special laws regulating labor, etc., not to be

SECTION 63. *

passed.

The general assembly shall not enact any local, special, or private law in the following cases: 12. Regulating labor, trade, mining or manufacturing, or the rate of interest on money.

Certain local laws forbidden.

ARTICLE 5.-Bureau of labor and statistics.

establish
reau.

bu

SECTION 86. The general assembly shall have power to establish Assembly may and maintain a bureau of labor and statistics, under such regulations as may be prescribed by law.

ARTICLE 12.-Liability of railroad companies for injuries to

employees.

SECTION 162. The doctrine of fellow-servant, so far as it affects the liability of the master for injuries to his servant resulting from low-servants. the acts or omissions of any other servant or servants of the common master, is, to the extent hereinafter stated, abolished as to

Acts of fel

every employee of a railroad company, engaged in the physical construction, repair or maintenance of its roadway, track or any of the structures connected therewith, or in any work in or upon a car or engine standing upon a track, or in the physical operation of a train, car, engine, or switch, or in any service requiring his presence upon a train, car or engine; and every such employee shall have the same right to recover for every injury suffered by him from the acts or omissions of any other employee or employees of the common master, that a servant would have (at the time when this constitution goes into effect), if such acts or omissions were those of the master himself in the performance of a nonNegligence of assignable duty: Provided, That the injury, so suffered by such superintendent. railroad employee, result from the negligence of an officer, or agent, of the company of a higher grade of service than himself, or from that of a person, employed by the company, having the right, or charged with the duty, to control or direct the general services or the immediate work of the party injured, or the gen eral services or the immediate work of the coemployee through, or by, whose act or omission he is injured; or that it result from Person in an- the negligence of a coemployee engaged in another department of other depart- labor, or engaged upon, or in charge of, any car upon which, or ment, etc. upon the train of which it is a part, the injured employee is not at the time of receiving the injury, or who is in charge of any switch, signal point, or locomotive engine, or is charged with dispatching trains or transmitting telegraphic or telephonic orders therefor; and whether such negligence be in the performance of an assignable or nonassignable duty. The physical construction, repair or maintenance of the roadway, track or any of the structures connected therewith, and the physical construction, repair, maintenance, cleaning or operation of trains, cars or engines, shall be regarded as different departments of labor within the meaning of this section. Knowledge, by any such railroad employee injured, of the defective or unsafe character or condition of any machinery, ways, appliances or structures, shall be no defense to Injuries caus- an action for injury caused thereby. When death, whether instaning death. taneous or not, results to such an employee from any injury for which he could have recovered, under the above provisions, had death not occurred, then his legal or personal representative, surviving consort, and relatives (and any trustee, curator, committee or guardian of such consort or relatives) shall, respectively, have the same rights and remedies with respect thereto as if his death had been caused by the negligence of a coemployee while in the performance, as vice-principal, of a nonassignable duty of the Contracts master. Every contract or agreement, express or implied, made waiving rights. by an employee, to waive the benefit of this section, shall be null and void. This section shall not be construed to deprive any employee, or his legal or personal representative, surviving consort or relatives (or any trustee, curator, committee or guardian of such consort or relatives), of any rights or remedies that he or they may have by the law of the land. at the time this constitution Provisions not goes into effect. Nothing contained in this section shall restrict restrictive. the power of the general assembly to further enlarge, for the abovenamed class of employees, the rights and remedies hereinbefore provided for, or to extend such rights and remedies to, or otherwise enlarge the present rights and remedies of, any other class of employees of railroads or of employees of any person, firm or corporation.

able.

CODE OF 1888.

CHAPTER 6.-Contracts for labor-Foreign contracts valid. Foreign con- SECTION 44. A contract for labor for a term of service, not extracts enforce- ceeding two years, made in a foreign country, with a person who shall immigrate to this State, and duly attested by the United States consul or commercial agent at the port where such immigrant shall embark, shall be respected and enforced to the same extent and in the same manner as if made within the State.

CHAPTER 138.-Right of action for injuries causing death.

SECTION 2902. Whenever the death of a person shall be caused by the wrongful act, neglect, or default of any person or corporation, or of any ship or vessel, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action, or to proceed in rem against said ship or vessel, or in personam against the owners thereof or those having control of her, and to recover damages in respect thereof, then, and in every such case, the person who, or corporation or ship or vessel which, would have been liable, if death had not ensued, shall be liable to an action for damages, or, if a ship or vessel, to a libel in rem, and her owners or those responsible for her acts or defaults or negligence to a libel in personam, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony.

A trainman injured by reason of the unusual and improper making up of a train is not a fellow-servant with the conductor whose duty it is to direct the making up of such train, and the burden of proving that the injury did not result from the negligence of the conductor rests on the company. 78 Va. 745.

Using a freight car with a broken and defective ladder is such negligence as will charge the company with liability for the death of an employee occasioned by such defect. 78 Va. 93.

Right accrues, when.

may

SEC. 2903. Every such action shall be brought by and in the Who name of the personal representative of such deceased person, and sue. within twelve months after his or her death. The jury in any such action may award such damages as to it may seem fair and Damages. just, not exceeding ten thousand dollars, and may direct in what proportion they shall be distributed to the wife, husband, parent and child of the deceased. But nothing in this section shall be construed to deprive the court of the power to grant new trials, as in other cases.

CHAPTER 178.-Exemption of wages from garnishment, etc.

SECTION 3652. Wages owing to a laboring man being a house- Wages of holder, not exceeding fifty dollars per month, shall also be exempt householder from distress, levy, or garnishment.

exempt.

CHAPTER 180.-Negligence of drivers, conductors, etc.

SECTION 3682. If any driver, conductor, or captain of any vehi

Negligence

cle or boat for public conveyance, in the management of such causing injury. vehicle or boat, willfully or negligently inflict bodily injury on any person, he shall be punished as for a misdemeanor.

CHAPTER 185.-Sunday labor.

SECTION 3799. If a person, on a Sabbath day, be found laboring Sunday labor at any trade or calling, or employ his apprentices or servants in forbidden. labor or other business, except in household or other work of necessity or charity, he shall forfeit two dollars for each offense.

*

SEC. 3800. The forfeiture, declared by the preceding section, Observance of shall not be incurred by any person who conscientiously believes the seventh that the seventh day of the week ought to be observed as a Sab- day. bath, and actually refrains from all secular business and labor on that day, provided he does not compel an apprentice or servant, not of his belief, to do secular work or business on a Sunday, and does not on that day disturb any other person.

Running

SEC. 3801. No railroad company, receiver, or trustee controlling or operating a railroad, shall, by an agent or employee, load, trains, etc. unload, run, or transport upon such road on a Sunday, any car, train of cars, or locomotive, nor permit the same to be done by

H. Doc. 733, 58-2-76

Definition.

Penalty.

Application of law.

any such agent or employee, except where such cars, trains, or locomotives are used exclusively for the relief of wrecked trains, or trains so disabled as to obstruct the main track of the railroad; or for the transportation of the United States mail; or for the transportation of passengers and their baggage; or for the transportation of live stock; or for the transportation of articles of such perishable nature as would be necessarily impaired in value by one day's delay in their passage: Provided however, That if it should be necessary to transport live stock or perishable articles on a Sunday to an extent not sufficient to make a whole train load, such train load may be made up with cars loaded with ordinary freight.

This act is constitutional. Running empty coal cars on Sunday to a mine in West Virginia is a violation. 24 S. E. Rep. 837.

SEC. 3802. The word "Sunday" in the preceding section shall be construed to embrace only that portion of the day between sunrise and sunset; and trains in transitu having started prior to twelve o'clock on Saturday night, may, in order to reach the terminus or shops of the railroad, run until nine o'clock the following Sunday morning, but not later.

SEC. 3803. Any railroad company, receiver, or trustee violating the provisions of section thirty-eight hundred and one, shall be deemed to have committed a separate offense in each county or corporation in which such car, train of cars, or locomotive shall run, or in which such car or train of cars shall be loaded or unloaded; and shall be fined not less than fifty nor more than one hundred dollars for each offense.

ACTS OF 1887, EXTRA SESSION.

CHAPTER 391.-Payment of wages.

SECTION 1. All persons, firms, companies, corporations, or associations in this Commonwealth, engaged in mining coal, ore, or other minerals, or mining and manufacturing them, or either of them, or manufacturing iron or steel, or both, or any other kind of manufacturing, shall pay their employees as provided in this act. Monthly pay SEC. 2. All persons, firms, companies, corporations, or associaday. tions engaged in the business aforesaid shall settle with their employees at least once in each month, and pay them the amounts Lawful mon- due them for their work or services in lawful money of the United States, or by the cash order as described and required in section three of this act: Provided, That nothing herein contained shall affect the right of an employee to assign the whole or any part of his claim against his employer.

ey.

Scrip, etc., to

SEC. 3 (as amended by chapter 118, Acts of 1887-88). be redeemable. it shall not be lawful for any person, firm, company, corporation, or association, engaged in the business aforesaid, their clerk, agent, officer, or servant in this State, to issue for payment of labor, any order, or other payment whatever, unless the same purports to be redeemable for its face value in lawful money of the United States, made payable on demand and without condition, to employee or bearer, bearing interest at legal rate, and redeemable by the person, firm, company, corporation, or association, giving, making, or issuing the same; and any person, firm, company, corporation, or association engaged in the business aforesaid, their clerks, agents, officers, or servants, who shall issue for payment of labor any paper or order, other than the one herein specified, in violation of this section, shall be guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding one hundred dollars in the discretion of the court.

Company

stores.

SEC. 4. From and after the passage of this act, it shall be unlawful for any person, firm, company, corporation, or association engaged in mining or manufacturing, either or both, as aforesaid, and who shall likewise be either engaged or interested, directly or indirectly, in merchandising as owner or otherwise, in any money per centum, profit, or commission arising from the sale of

any such merchandise, their clerks, servants, officers or agents, to knowingly and willfully sell or cause to be sold to any employee, any goods, merchandise, or supplies whatever for a greater per centum of profit than merchandise and supplies of like character, kind, quality, and quantity are sold to other customers buying for cash and not employed by them; and shall any person or member of any firm, company, corporation, or association, his or their clerk, agent, or servant, violate this section of this act, they shall be guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding one hundred dollars, in the discretion of the court.

ACTS OF 1889-90.

CHAPTER 49.--Sunday labor.

Running

SECTION 1. No steamboat company shall, by any agent or employee, load or unload on a Sunday any steamship or steamboat steamboats. arriving at any port or landings on the bays, rivers, or other waters of this State, or permit the same to be done by any such agent or employee, except where such steamship or steamboat is for the transportation of the United States mails, or for the transportation of passengers and their baggage, or for the transportation of through freight in transitu, or of live stock, or of articles of such perishable nature as would be necessarily impaired in value by one day's delay in their passage: Provided, That noth- Proviso. ing in this act shall be construed as preventing any steamship or steamboat arriving at any port or landing on the bays, rivers, and other waters of this State, not its final point of destination, from unloading any and all freight intended for delivery at such intermediate port or landing, or from loading and taking on any and all freight intended for shipment from such intermediate port or landing, to the final destination of said steamship or steamboat. SEC. 2. Any steamship or steamboat company violating the pro- Penalty. visions of this act shall be deemed to have committed a separate offense in each county or corporation in which said steamship or steamboat shall land and be unloaded, and shall be fined in a sum not less than fifty nor more than one hundred dollars for each offense.

CHAPTER 193.-Employment of women and children.

Limit of a

SECTION 1. No female and no child under fourteen years of age shall work as an operative in any factory or in any factory or day's labor. manufacturing establishment in this State more than ten hours in any one day of twenty-four hours. All contracts made or to be made for the employment of any female or of any child under fourteen years of age, as an operative in any factory or manufacturing establishment to work more than ten hours in any one day of twenty-four hours, are and shall be void.

SEC. 2. Any person having the authority to contract for the employment of persons as operatives in any factory or manufacturing establishment, who shall engage or contract with any female or any child under fourteen years of age to work as an operative in such factory or manufacturing establishment during more than ten hours in any one day of twenty-four hours, shall be guilty of a misdemeanor, and be fined not less than five nor more than twenty dollars.

CHAPTER 199.-Fire escapes on factories, etc.

Penalty.

Fire escapes

SECTION 1. It shall be the duty of the owner or owners of all factories, workshops, ** ** in this State of over three stories to be provided. in height, * * * to provide for the safe exit of the occupants thereof in case of fire, by the erection or construction of fire es

capes of the most approved modern design.

SEC. 2. The character and design of said fire escapes shall, in Design of escities and towns, be selected by the council of said cities and capes.