Accidents. Rules posted. to Rules. Women boys. Disputes be and and operators. Violation law. Notice be SEC. 2930. When by reason of any explosion or accident in any mine in this State, or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the person having charge of such mine to give notice thereof forthwith to the chief inspector of mines or any inspector, and it shall be the duty of the chief mine inspector or any inspector upon being notified of any fatal accident, as herein provided, to immediately repair to the scene of the accident and make such suggestions as may appear necessary to secure the safety of any persons who may be endangered. The said mine inspector shall keep on file a list of all fatal accidents, and to enable them to make the investigation, he shall have the power to compel the attendance of persons to testify. SEC. 2931. For the purpose of making known the rules and provisions of this chapter to all persons employed in or about the mines to which this chapter applies, an abstract of the chapter and rules shall be posted up in legible characters in some conspicuous place or places at or near the mines where they may be conveniently read by the persons employed, and so often as they become obliterated or destroyed, the owner, operator or superintendent shall cause them to be renewed with all reasonable dispatch. Any person who pulls down, injures or defaces such abstract of the chapter or rules when up in pursuance of the provisions of this chapter shall be guilty of an offense against this chapter. SEC. 2932. Rule 1. No unauthorized person shall enter the mine without permission from the superintendent or mine foreman. Rule 2. All employees shall inform the mine foreman or his assistant of the unsafe condition of any working place, hauling roads or traveling ways, or of damages to doors, brattices or stoppings, or of obstructions in the air passages when known to him. Rule 3. Every workman employed in the mine shall examine the working place before commencing work, and after any stoppage of work during the shift he shall repeat the examination. SEC. 2933. No woman, nor any boy under the age of twelve years, shall be employed to work or labor in or about any mine in this State. SEC. 2934. In case of any controversy or disagreement between tween inspectors inspectors and the owner or operator of any mines, or the persons working therein, or in case of conditions of emergency requiring counsel, the chief mine operator may call on the board of examiners for such assistance and counsel as may be necessary. Should the mine of inspector find any of the provisions of this chapter violated or not complied with by the owner or lessee or agent in charge of any mines, he shall immediately notify such owner, lessee or agent in charge of such neglect or violation; unless the same is within a reasonable time rectified, or the provisions of this chapter are fully complied with, he shall institute a prosecution. The inspector shall exercise a sound discretion in enforcement of provisions of this chapter, and if in any respect which is not provided against by or may result from any rigid enforcement of any expressed provision of this chapter, the inspector finds any matter, thing, or practice in or connected with any such mines to be dangerous or defective, so as to, in his opinion, threaten or tend to the bodily injury of any person, the inspector may give notice in writing thereof to the owner, agent or manager of the mine, and shall state in such notice the particulars in which he considers such mine or any part thereof, or any matter, thing or practice, to be dangerous or defective and require the same to be remedied, giving a reasonable time to have the same done. For the purpose of making the inspection and examination provided for in this section the mine inspector and board of examiners shall have the right to enter any mine at a reasonable time by day or night, but in such manner as shall not unnecessarily obstruct the workings of the mine, and the owner or agent of such mine is hereby required to furnish the means of such inquiry and inspection if within their power. Inspectors may enter mines. Reference to SEC. 2935. Whenever any agent or operator of any mines shall rejudge of probate. fuse or fail to comply with any order or direction of the chief mine inspector after the expiration of a reasonable time, it shall be the duty of the mine inspector to refer the matter to the judge of probate of the county in which the mine is located. Upon such reference the judge of probate shall set a day for the hearing of the same, and issue cita- CHAPTER 80.-Seamen. Master to file SECTION 3014. Every master of a vessel arriving from any port or lists. place out of this State (except New Orleans), at the port of Mobile, who is, by any law of the United States, required to enter such arrival at the custom-house, must, within one day after such arrival, deliver at the office of the city clerk of Mobile, on oath, a correct list of all persons who arrived on such vessel, stating the names of the officers and crew, the name of each passenger, and color and sex of each person. SEC. 3017. The master of any such vessel arriving in the port of Mobile, failing to make out and deliver the list of his officers, crew, and passengers, as required by this article, forfeits the sum of two hundred dollars, one half to the use of the person suing for the same, the other to the use of the city of Mobile. Penalty. SEC. 3018. If any person, who has made an engagement to perform Deserters. a voyage in any vessel at any port or place in this State, deserts or absents himself from such vessel without leave of the master or officer commanding in the absence of the master, any justice of the peace, upon complaint being made thereof under oath, must issue his warrant to apprehend such person and bring him before himself or some other justice; and if it appears that he has made an engagement to perform a voyage, that such voyage has not terminated, and that he has deserted or absented himself without leave, the justice must commit him to the county jail, there to remain until such vessel is ready to proceed on her voyage, or until the master requires his discharge; the master paying the jail fees for each week in advance. SEC. 3019. If any person knowingly conceals or harbors any person belonging to any vessel, he forfeits ten dollars a day for each day he so harbors or conceals him, to the use of any person suing for the same. Harboring de serters. Hiring em SEC. 3020. Any master of a vessel who, within this State, ships, ployee of another hires, or receives any person belonging to any other vessel, without a vessel. discharge in writing, signed by the master of such vessel, forfeits fifty dollars, one-half to the use of the person suing for the same, and the other to the county in which such suit is brought. CHAPTER 93.-Public printing to be done within the State. SECTION 3395 (as amended by act No. 236, Acts of 1900-1901). The Printing to be printing and binding embraced in class 4 must be done at the seat of done, where. government, and all other printing and binding enumerated in classes 1, 2, and 3 must be done within the State of Alabama: Provided, how- Proviso. CHAPTER 95.-Examination and licensing of railroad employees. Examination SECTION 3448 (as amended by act No. 155, Acts of 1903). It shall be the duty of every person or corporation operating a railroad in this required. State, before employing any person as train dispatcher, engineer, con By whom made. License. Commissioners to be notified. Written agree ductor, fireman, flagman, brakeman, trackman or switchman, to subject the applicant for employment to a thorough examination respecting his capacity to fill the position applied for, his moral character and reputation, his sobriety and previous record, his knowledge of the rules and regulations governing the employees of the railroad, the knowledge which may be necessary or proper for the skillful performance of its duties, and shall subject the applicant for employment to a thorough examination respecting his ability and capacity to see and distinguish objects and colors, commonly called color blind examination, and respecting his sense of hearing. Act No. 59, Acts of 1886-87, related to the examination and licensing of locomotive engineers only. The following conclusions of law, though relating to the older act, are applicable to the present statute: The statute is constitutional. It is not, in its nature, a regulation of commerce, but is an exercise of the police power of the State. 81 Ala. 279. SEC. 3449 (as amended by act No. 155, Acts of 1903). The examination required in the preceding section must be made by the superintendent of the road or by the master of trains, or master mechanic of the railroad, and shall be reduced to writing on blanks provided for that purpose. If the applicant shall be found qualified in all respects for the position, the approved application papers shall be filed in the office of the superintendent in this State, or if there be no such superintendent, then in the principal office of such railroad in this State. Such examination papers when certified by the office having custody of them, shall be evidence of their contents and of the fact of such examination without further proof. SEC. 3450. If the applicant upon examination shall be found competent and his examination papers are approved by the general manager or other chief executive officer, the superintendent, or other person selected by him to conduct such examination, shall issue without charge a license to the applicant to engage in the occupation about which he has been examined. CHAPTER 96.-Accidents on railroads. SECTION 3499 (as amended by act No. 94, Acts of 1903). Every person or corporation operating a railroad shall give notice to the commissioners of any accident happening on any portion of its line within this State, which is attended with serious injury to the person of anyone, within twenty-four hours thereafter; and upon receiving such notice, or upon public rumor of such accident, one or more of the commissioners may repair to the scene of the accident, and inquire into the facts and circumstances thereof; and the result of such inquiry, with such details as may be deemed necessary, shall be entered upon the record of the proceedings of the commissioners, and embraced in their annual report. CHAPTER 102.-Set-off's not to defeat exemption of wages. * The wages or hire of any head of a family in ments required. this State, not having property liable to levy and sale under execution, can not be defeated or abated by any set-off of a money demand required by the person contracting to pay such wages by assignment or transfer unless the parties otherwise agree in writing. Fraudulent in tent. CRIMINAL CODE. CHAPTER 154.-Contracts of employment with intent to defraud. SECTION 4730 (as amended by act No. 406, Acts of 1903). Any person who, with intent to injure or defraud his employer, enters into a contract in writing for the performance of any act of service; and thereby obtains money or other personal property from such employer, and with like intent, and without just cause, and without refunding such money, or paying for such property, refuses or fails to perform such act or service, must on conviction be punished as if he had stolen it. And the refusal or failure of any person, who enters into such contract, to perform such act or service, or refund such money, or pay for such property, without just cause, shall be prima facie evidence of Evidence. the intent to injure or defraud his employer. The elements of the offense are (1) a contract in writing, (2) an intent to injure or defraud, (3) that property was obtained by reason of contract, with intent to defraud, and (4) refusal to perform with like intent. A mere breach of the contract is not a crime. 94 Ala. 82. Rendering service for a sufficient period to earn the amount advanced is equivalent to a refunding, and leaving service afterward is not an offense within the provisions of this statute. 23 So. Rep. 668. CHAPTER 158.-Employment of unlicensed engineers on steamboats. SECTION 4861. In case of the loss of life from the explosion of a boiler, or any apparatus connected therewith, on any steamboat navigating the waters of this State, and the person acting thereon as engineer has not obtained a certificate to act as such engineer, or is acting out of the grade therein specified, or is knowingly employed after the revocation of his certificate, the captain or owner employing such person, and the person so employed or acting are guilty of manslaughter in the first degree. CHAPTER 182.-Employment of unlicensed engineers, firemen, etc., on railroads. Loss of life from explosion. SECTION 5359. Any person, or corporation, operating a railroad in Employment this State, who employs any person as engineer, fireman, train dis- forbidden. patcher, conductor, flagman, brakeman, or switchman, who has not been examined and licensed as provided by sections 3448, 3449 and 3450 of this Code, must, on conviction, be fined not less than one hundred, nor more than five hundred dollars. CHAPTER 182.-Negligence of employees on railroads, etc. Negligence endangering life: On railroads. SECTION 5373. If, from the negligence, carelessness, or want of proper skill of any engineer or conductor having the control or management of any steam engine running on any railroad in this State, or any brakeman, the engine or cars are thrown off the track, or any other accident occurs, and the life of any human being is thereby endangered, such engineer, conductor, or brakeman, must, on conviction, be fined not less than five hundred, nor more than two thousand dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than twelve months. SEC. 5379. If the captain of any steamboat used for the conveyance On steamboats. of passengers or freight, or any other officer or person having charge thereof, or the engineer having charge of the machinery, or of any part of the apparatus for the generation of steam, from gross negligence, or from ignorance, creates or allows to be created, such an undue quantity of steam as to burst the boiler, or other apparatus in which such steam is generated, or any apparatus or machinery therewith connected, and human life is thereby endangered, such captain, engineer, or other officer, or person, must, on conviction, be imprisoned in the penitentiary for not less than two years. SEC. 5380. Whenever any steamboat, while racing with another boat, or attempting to excel her in speed, bursts its boiler, or any apparatus or machinery therewith connected, and the life of any person is thereby endangered, the captain and engineer of such boat must each, on conviction, be imprisoned in the penitentiary for not less than two years. Racing causing explosion, etc. life. SEC. 5382. Whenever any loss of human life, or any injury to any Negligence human being occurs on board of any steamboat navigating any of the causing loss of waters of this State, from negligence or want of skill on the part of the captain, engineer, or other officer or person engaged in the management of such boat, or any part of the machinery thereof, the officer or person from whose negligence or want of skill such loss of life or injury occurred, must, on conviction, be imprisoned in the penitentiary for not less than two, nor more than ten years. Willful ries. etc. inju CHAPTER 182.-Mine regulations-Violations. SECTION 5409. Any person, who willfully and intentionally injures any shaft, safety lamp, instrument, air course or brattice, or obstructs or throws open any air way in any coal or ore mine; or carries matches, or a pipe or other smoker's articles beyond any station inside of which locked safety lamps are used in such mine; or injures any part of the machinery therein, or opens a door therein and fails to Negligence, immediately close the same, or opens any doorway therein, the opening of which is forbidden by the inspector of mines; or uses in such mine any oil in a lamp not known to be of the best quality of miners' oil; or does any act whereby the life or health of any person or the security of the mine or machinery is endangered; or neglects or refuses to perform any of the duties required of him by the provisions of chapter 78 of this Code, or violates any of the provisions thereof; or who pulls down, injures or defaces any posted abstract of the law or rules and regulations pertaining to mining, must, on conviction, be fined not more than two hundred and fifty dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months. Penalty. SEC. 5410. Any person or corporation operating any ore or coal mine in which miners or other laborers are employed to mine or cut ore or coal for a compensation to be determined by the weight of the ore or coal mined or cut, who fails to weigh, or cause to be weighed, accurately and correctly, any ore or coal so mined or cut by such miners or laborers, must, on conviction, be fined for each offense not less than ten dollars nor more than one hundred dollars. CHAPTER 192.-Enticing employees, apprentices, etc. SECTION 5504. Any person, who entices, decoys, or persuades any apprentice or servant to leave the service or employment of his master, must, on conviction, be fined not less than twenty, nor more than one hundred dollars; and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than three months. SEC. 5505 (as amended by act No. 488, Acts of 1900-1901). Any person who knowingly interferes with, hires, employs, entices away or induces to leave the services or rented premises of another, or attempts to hire, employ or entice away or induce to leave the service of another, any laborer, servant, renter, or share cropper, who has contracted in writing with another person for any given time not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, employs, entices away, or induces any minor to leave the services of any person to whom such service is lawfully due, without the consent of the party employing or to whom such service is due, given in writing or in the presence of some credible person, must on conviction be fined not less than fifty ($50) dollars, nor more than five hundred ($500) dollars, at the discretion of the jury, and in no case less than double the damages sustained by the party whom such laborer, servant, renter or share cropper was induced to leave. One-half to the party sustaining such damage and the other half to the county: Provided, That the provisions of this act do not apply to the counties of Covington, Jefferson, Dekalb, Blount, Lauderdale, Conecuh, Lawrence, Cherokee, Marshall, Coosa, Baldwin, Butler, Escambia, Clay, Cullman, Colbert, Etowah, Fayette, and Franklin. The statute is not unconstitutional in attempting to punish criminally for viola- 368. SEC. 5506. When any laborer or servant, having contracted as provided in the preceding section, is afterwards found in the service or employment of another before the termination of such contract, that fact is prima facie evidence that such person is guilty of a violation of that section, if he fail and refuse to forthwith discharge such laborer or servant, after being notified and informed of such former contract or employment. |