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thereof, in and about the sale of goods or otherwise, not being authorized to use the same, shall be guilty of a misdemeanor, and shall be punished by imprisonment for not more than three months or by a fine of not more than one hundred dollars.
ACTS OF 1902.
CHAPTER 1004.-Hours of labor of employees on street railways.
SECTION 1. A day's work for all conductors, grip men, and mo- Limit of tormen now employed or who may hereafter be employed in the day's labor. operation of all street railways, of whatever motive power, in this State shall not exceed ten hours' work, to be performed within twelve consecutive hours. No officer or agent of any corporation operating street cars, of whatever motive power, in this State shall on any day exact from any of its said employees more than the said ten hours' work within the twenty-four hours of the natural day, and within twelve consecutive hours: Provided, however, That on all legal holidays, and on occasions when an unexpected contingency arises demanding more than the usual service by such street railway corporation to the public, or from such employees to the corporation, and in case of accident or unavoidable delay, extra labor may be performed for extra compensation; and that nothing herein contained shall affect existing written contracts.
SEC. 2 (as amended by chapter 1045). The true intent and pur- Act construed. pose of this act is hereby declared to be to limit the usual hours of labor of the above-mentioned employees of street railway corporations, in the absence of agreement as to such hours between such employees and their employer, to ten hours actual work a day, to be performed within a period of twelve consecutive hours, whether such employees be employed by the trip or trips, the job, the hour, the day, the week, the month, or in any other manner. But nothing in this act contained shall be construed to forbid or prevent any such employee, being of the age of twenty-one years or upwards, from laboring a greater or lesser number of hours a day, in accordance with his contract so to do; nor to impose any penalty upon any person or corporation for permitting such employees to labor such greater or lesser number of hours in the performance of such contract.
SEC. 3. Any street railway corporation violating any of the pro- Penalty. visions of the preceding sections of this act shall be fined not less than one hundred dollars nor more than five hundred dollars, onehalf thereof to the use of the complainant and the other half to the use of the State.
This law is constitutional. 54 Atl. Rep. 602.
ACTS OF 1903.
CHAPTER 1100.-Examination and licensing of barbers. SECTION 1. It shall be unlawful for any person to practice the License occupation of barber in any city in this state unless he shall quired. have first obtained a certificate of registration as provided in this act: Provided, however, That nothing contained in this act Proviso. shall apply to or affect any person in securing his first license who is now and for the past two years has been actually engaged in such occupation, but all licenses issued may be revoked if said licensee does not comply with the provisions of this act. A person so engaged less than two years shall be considered an apprentice, and at the expiration of two years of such employment shall be subject to the provisions of this act as hereinafter provided.
SEC. 2. A board of examiners consisting of three practical bar Board of exbers who shall have been citizens of this State for at least three aminers. years prior to their appointment, and been engaged in the occupation of barbers at least five years prior to their appointment, is hereby created to carry out the purposes and enforce the pro
visions of this act. At the present session of the general assembly the governor, with the advice and consent of the senate, shall appoint one member of said board to hold office until the first day of February, A. D. 1904; one member of said board to hold office until the first day of February, A. D. 1905; and one member of said board to hold office until the first day of February, A. D. 1906. At the January session of the general assembly, A. D. 1904, and at the January session of the general assembly in every year thereafter, the governor shall appoint one member of the said board to hold office until the first day of February in the third year after his appointment, to succeed the member of such board whose term will next expire: Provided, That any vacancy which may occur in said board when the senate is not in session shall be filled by the governor until the next session thereof, when he shall, by the advice and consent of the senate, appoint some person to fill such vacancy for the remainder of the term. The members of said board may be removed by the governor, with the advice and consent of the senate, for such cause as he shall deem sufficient and shall express in the order of the removal. Each member of said board shall give a bond in the sum of one thousand dollars, with sureties to be approved by the general treasurer, conditioned for the faithful performance of his duties, and shall
take the oath provided by law for public officers. Organization. Sec. 3. Said board of examiners shall organize as soon as may
be after their appointment and qualification by electing one of the members of said board as chairman, and one of the members of said board as secretary, and one of the members of said board as treasurer, and such organization shall continue until the appointment of any new member of said board of examiners. The secretary of said board shall keep a record of all proceedings, issue all notices, registration certificates, cards, and attest all such papers and orders as said board shall direct; and the secretary shall perform such other duties as shall be designated by
said board. Rules, etc. SEC. 4. Said board shall have power to adopt rules and regula
tions prescribing the sanitary requirements of a barber shop, subject to the approval of the State board of health, and to cause the rules and regulations so approved to be printed in suitable form, and to transmit a copy thereof to the proprietor of each barber shop in each city in this State. It shall be the duty of every proprietor, or person operating a barber shop in each city in this State, to keep posted in a conspicuous place in his shop, so as to be easily read by his customers, a copy of such rules and regulations. A failure of any such proprietor or person operating a barber shop to keep such rules so posted, or to obey the requirements thereof, shall be sufficient cause for the revocation of his certificate of registration; but no such certificate of registration shall be revoked without a reasonable
opportunity being offered to such proprietor or person operating Inspection of a barber shop to be heard in his defense. Any member of said shops.
board shall have power to enter and make reasonable examination of any barber shop in any city in this State during business hours, for the purpose of ascertaining the sanitary condition thereof. Any barber shop in any city in this State in which tools, appliances, and furnishings in use therein are kept in an unclean and unsanitary condition, so as to endanger health, is hereby declared to be a common nuisance, and the proprietor thereof
shall be subject to prosecution and punishment therefor. Compensa- SEC, 5. Each member of said board shall receive a compensation tlon.
of five dollars per day for actual service, and two cents per mile for each mile actually traveled while in the discharge of the duties of said board, which compensation, mileage, and all other expenses of said board shall be paid out of any moneys in the hands of the treasurer of said board : Provided, That the said compensation, mileage, and all other expenses of said board shall
in no event be paid out of the State treasury. Reports. SEC. 6. Said board shall present annually to the general assembly, in the month of January, a detailed statement of the receipts and disbursements of the board during the preceding year, together with a statement of its acts and proceedings and such recommendations as it may deem proper. Any moneys in the hands of the treasurer of said board at the time of making such report in excess of five hundred dollars shall be paid over to the State treasurer to be kept by him for the future maintenance of the board, and to be disbursed by him upon warrants signed by the chairman and treasurer of said board.
SEC. 7. Said board shall hold each year, at such times and Examinations. places as it shall designate, at least four public examinations, notice whereof shall be given by a publication at least ten days before the holding of any such meeting in at least one newspaper printed and published in the county in which such meeting shall be held.
SEC. 8. Every person now engaged in the occupation of barber Registration. in any city in this State, and who shall have been actually engaged in said occupation for the period of two years prior to the passage of this act, and who shall, within ninety days after the passage of this act, file with the secretary of said board an affidavit setting forth his name, residence, and length of time during which and the place or places where he has practiced such occupation, and who shall pay to the treasurer of said board two dollars, shall receive a certificate of registration entitling him to practice said occupation.
Sec. 9. Any person not now engaged or who has not been actu- Applicants. ally engaged in the occupation of barber for two years prior to the passage of this act, or who has not complied with section eight of this act, shall not be authorized to practice said occupation in any city in this State until he shall have obtained a certificate of registration to be granted after complying with the following conditions : 1st. He shall make written application therefor to said board and shall pay to the treasurer said board an Fee. examination fee of five dollars, which shall be in full payment for all examinations to be taken by said applicant. Said application shall be sworn to before the secretary of said board and shall Qualifica
tions, state that said applicant is above the age of nineteen years, of good moral character, that he has studied the trade of barbering for at least two years as an apprentice under a registered and practicing barber, or that he has studied the trade in a barber's school or schools, as hereinafter defined, for at least two years. 2nd. He shall file with said board a certificate of a practicing physician of this State, sworn to before a notary public, that said applicant is free from contagious or infectious diseases. 3rd. Upon the filing of the foregoing application and certificate, said board, at the next meeting held for the examination of applicants, shall examine said applicant as to his skill in said trade, namely, in the care and preparation of the tools and utensils of said trade, shaving, hair cutting, and all the services incident thereto, and being satisfied that said applicant is possessed of the requisite skill to properly practice said trade, the secretary of said board shall enter his name in the register hereinafter provided for, and said board shall thereupon issue to him a certificate authorizing him to practice said trade in this State: Provided, That whenever it appears that said applicant has acquired his knowledge of said trade in a barber school the board may subject him to an examination and withhold from him a certificate if it shall thus appear that he is not qualified to practice said trade: And also provided, That any apprentice applying for a certificate of registration shall be allowed for so much time as he may have studied the trade, previous to the passage of this act, under any practical barber in this State.
A barber's school is hereby declared to be a school conducted by School de. a suitable person who is authorized to practice the trade of a bar. fined. ber in this state, and in which all instruction is given by competent persons so authorized, and in which the course and period of
training shall comply with the rules and regulations of the said
board adopted for the government of barber schools. Apprentices. Sec. 10. Nothing in this act shall prohibit any pe son from
serving as an apprentice in said trade under a barber authorized to practice the same under this act, nor from serving as a student in any school for the teaching of said trade under the instruction of a qualified barber. An apprentice within the meaning of this act is one who has entered the employment of a registered barber for a fixed term in order to learn the trade of barbering. Every apprentice, in order to avail himself of the provisions of this act, shall, at the time of entering upon his apprenticeship, file with the secretary of said board a statement in writing, showing the name and place of business of his employer, the date of commencement of employment with him, and the full name and age
of said apprentice. Card to be SEC. 11. Said board shall furnish to each person to whom a cerdisplayed.
tificate of registration is issued a card bearing the seal of the board and the signature of its chairman and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in any city in this State, and it shall be the duty of the holder of such card to post the same in a conspicuous place in front of his working chair, where it may be readily seen by all persons whom he may serve. Said card shall be renewed on or before the first day of January in each year, and the holder of said certificate of registration shall pay to the secretary of said board the sum of one dollar for said renewal card. Upon the failure of any holder of a certificate of registration to apply for a renewal of his card on or before the first day of January in each year, his said certificate may be revoked by said board, sub
ject to the provisions of section 13 of this act. Register. Sec. 12. Said board shall keep a register in which shall be en
tered the names of all persons to whom certificates are issued under this act, and said register shall be at all times open to public
inspection. Revocation of SEC. 13. Said board shall have power to revoke any certificate licenses.
of registration granted by it under this act, for (a) gross incompetency ; (b) the keeping of a shop, or the tools, appliances, or furnishings thereof, in an unclean or unsanitary condition; (c) failure to comply with the requirements of section 11 of this act: Provided, That before any certificate shall be so revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall have reasonable opportunity to be heard in his defense. Any person whose certificate has been so revoked may apply to have the same reissued, and the same shall be [re]issued to bim upon a satisfactory showing that the disqualification has ceased. The said board shall have power by its chairman to summon any person to appear as a witness and testify at any hearing appointed by it touching any such charge preferred against any barber in any city in this state, and to examine such witness relating [relative] thereto; and may administer oaths to such witness.
Any person aggrieved by any decision or ruling of said board may, within thirty days, exclusive of Sundays and legal holidays, after receiving notice of said decision, take an appeal therefrom to the appellate division of the supreme court, sitting at Providence, and said appellate division of the supreme court shall, as
soon as may be, hear and determine said appeal. Definition. Sec. 14. To shave or trim the beard or cut the hair of any per
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 act: Provided, That the provisions of this section shall not apply to professional nurses, domestic servants, nor to undertakers or persons engaged in preparing a body for burial, nor to apprentices under the direc
tion of a duly registered barber. Violations. Sec. 15. Any person practicing the occupation of barber in any
city in this State without having obtained a certificate of registration as provided by this act, or willfully employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this act, or violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than twenty dollars.
Sec. 16. The town council of any town in this State is hereby Towns may authorized and empowered to adopt the provisions of this act, and adopt. upon the adoption of this act by any town of this State, within ten days thereafter the town clerk of said town shall file with the secretary of the board of examiners provided for in this act an attested copy of the vote of the town council setting forth the fact that the provisions of said act have been adopted by the town council of said town, and upon the filing of said attested copy, then this act shall be in full force and effect in said town; and when so adopted the word “ city," wherever used in this act, shall be construed to mean and include such town, and the words " passage of this act," wherever used in this act, shall construed to mean and include the adoption of this act by said town.
ARTICLE 9.-Liability of railroad companies for injuries to
SECTION 15. Every employee of any railroad corporation shall Negligence of have the same rights and remedies for any injury suffered by superior; him from the acts or omissions of said corporations or its employees as are allowed by law to other persons not employees, when the injury results from the negligence of a superior agent or officer, or of a person having a right to control or direct the services of a party injured, and also when the injury results from the neg- Of fellow-serligence of a fellow-servant engaged in another department of labor wants in an: from that of the party injured, or of a fellow-servant on another ment. train of cars, or one engaged about a different piece of work. Knowledge by any employee injured of the defective or unsafe Knowledge of character or condition of any machinery, ways or appliances shall defective ma
chinery. be no defense to an action for injury caused thereby, except as to conductors or engineers in charge of dangerous or unsafe cars or engines voluntarily operated by them. When death ensues from
ing death. any injury to employees, the legal or personal representatives of the person injured shall have the same right and remedies as are allowed by law to such representatives of other persons. Any
Contract contract or agreement, expressed or implied, made by any em
waiving rights. ployee to waive the benefit of this section shall be null and void ; and this section shall not be construed to deprive any employee of a corporation, or his legal or personal representative, of any remedy or right that he now has by the law of the land. The general assembly may extend the remedies herein provided for to any other class of employees.
A contract whereby a railroad company beforehand seeks immunity from damages caused by its negligence is not prohibited by this section, but is void as contrary to public policy. 55 S. c. 152.
Under this section à servant may recover of a railroad company for injuries caused by the carelessness of a fellow-servant directing him. 52 S. C. 438.
CODE OF 1902.
CHAPTER 28.--Hours of labor on public roads.
SECTION 1355. day's work.
ten hours' labor shall be held to be a Ten hours a