after death of

SEC. 1470. An employee, unless the term of his service has Continuance expired, or unless he has a right to discontinue it at any time, of employment without notice, must continue his service after notice of the death employer. or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor must compensate the employee for such service, according to the terms of the contract of employment.

SEC. 1471. An employment having no specified term may be Termination terminated at the will of either party on notice to the other, except at will. where otherwise provided by this title.

SEC. 1472. An employment, even for a specified term, may be Breach of terminated at any time by the employer, in case of any willful duty by employee; breach of duty by the employee, in the course of his employment, or in case of his habitual neglect of duty, or continued incapacity to perform it.

SEC. 1473. An employment, even for a specified term, may be By employer. terminated by the employee at any time, in case of any willful or permanent breach of the obligations of his employer to him as an employee.

SEC. 1474. An employee, dismissed by his employer for good Forfeiture of cause, is not entitled to any compensation for services rendered wages. since the last day upon which a payment became due to him under

the contract.

SEC. 1475. An employee who quits the service of his employer Proportionate for good cause, is entitled to such proportion of the compensation compensation. which would become due in case of full performance, as the serv

ices which he has already rendered bear to the services which he

was to render as full performance.

SEC. 1476. A servant is one who is employed to render personal Definition. service to his employer, otherwise than in the pursuit of an inde pendent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master.

of

SEC. 1477. A servant is presumed to have been hired for such Measure length of time as the parties adopt for the estimation of wages. A term of servhiring at a yearly rate is presumed to be for one year; a hiring at

a daily rate, for one day; a hiring by piece work, for no specified term.

ice.

SEC. 1478. In the absence of any agreement or custom as to the Monthly term rate of value of wages, the term of service or the time of payment, presumed. a servant is presumed to be hired by the month, at a monthly rate

of reasonable wages, to be paid when the service is performed.

of

SEC. 1479. Where, after the expiration of an agreement respect- Renewal ing the wages and the term of service, the parties continue the agreement presumed, when. relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service.

time.

SEC. 1480. The entire time of a domestic servant belongs to the Servant's master; and the time of other servants to such an extent as is usual in the business in which they serve, not exceeding in any case ten hours in the day.

ceived.

of

SEC. 1481. A servant must deliver to his master, as soon as with Delivery reasonable diligence he can find him, everything that he receives goods, etc., refor his account, without demand; but he is not bound, without orders from his master, to send anything to him through another person.

SEC. 1482. A master may discharge any servant, other than an Discharge for apprentice, whether engaged for a fixed term or not:

1. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same; or,

2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of misconduct before or after the commencement of his service, of such a nature that, if the master had known or contemplated it, he would not have so employed him.

SEC. 1492.

cause.

The word "ship," as used in this Code, Ship.

H. Doc. 733, 58-2-71

Mate.

Seamen.

Cause for dis

charge.

Unseaworthy

vessel.

Contracts

shall be construed to mean any boat, vessel or structure fitted for navigation.

SEC. 1503. The mate of a ship is the officer next in command to the master.

SEC. 1504. All persons employed in the navigation of a ship, or upon a voyage, other than the master and mate, are to be deemed seamen, within the provisions of this Code.

SEC. 1505. The mate and seamen are engaged by the master, and may be discharged by him at any period of the voyage, for willful and persistent disobedience, or gross disqualification, but can not otherwise be discharged before the termination of the voyage.

SEC. 1506. A mate or seaman is not bound to go on a voyage in a ship that is not seaworthy; and if there is reasonable doubt of its seaworthiness, he may refuse to proceed until a proper survey has been had.

SEC. 1507. A seaman can not, by reason of any agreement, be dewaiving rights. prived of his lien upon the ship, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any stipulation by which he consents to abandon his right to wages in case of the loss of a ship or to abandon any right he may have or obtain in the nature of salvage, is void.

Same subject.

Wages due, when.

Wages begin, when.

Voyage broken up.

SEC. 1508. No special agreement entered into by a seaman can impair any of his rights, or add to any of his obligations, as defined by law, unless he fully understands the effect of the agreement, and receives a fair compensation therefor.

SEC. 1509. Except as hereinafter provided the wages of seamen are due when, and so far only as freightage is earned, unless the loss of freightage is owing to the fault of the owner or master.

SEC. 1510. The right of a mate or seaman to wages and provisions begins either from the time he begins work or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens.

SEC. 1511. Where a voyage is broken up before departure of the ship, the seamen must be paid for the time they have served and may retain for their indemnity such advances as they have receivedd. Full wages SEC. 1512. When a mate or seaman is wrongfully discharged, or recovered, is driven to leave the ship by the cruelty of the master on the voyage, it is then ended with respect to him, and he may there upon recover his full wages.

when.

In case wreck.

Evidence.

of SEC. 1513. In case of loss or wreck of the ship, a seaman is entitled to his wages up to the time of his loss or wreck, whether freightage has been earned or not. if he exerts himself to the ut most to save the ship, cargo and stores.

SEC. 1514. A certificate from the master or chief surviving officer of a ship, to the effect that a seaman exerted himself to the utmost to save the ship, cargo and stores, is presumptive evidence of the fact.

Disability SEC. 1515. Where a mate or seaman is prevented from rendering without fault. service by illness or injury, incurred without his fault, in the dis charge of his duty on the voyage, or by being wrongfully discharged, or by a capture of the ship, he is entitled to wages notwithstanding.

Medical charges, etc.

Death.

Desertion.

SEC. 1516. If a mate or seaman becomes sick or disabled during the voyage without his fault, the expense of furnishing him with suitable medical advice, medicine, attendance, and other provision for his wants, must be borne by the ship till the close of the voyage. SEC. 1517. If a mate or seaman dies during the voyage, his per sonal representatives are entitled to his wages to the time of his death, if he would have been entitled to them had he lived to the end of the voyage.

SEC. 1518. Desertion of the ship without cause, or a justifiable discharge by the master during the voyage for misconduct, or a theft of any part of the cargo or appurtenances of the ship, or a willful injury thereto or to the ship, forfeits all wages due for the Voyage to a mate or seaman thus in fault.

account.

SEC. 1519. A mate or seaman may not, under any pretext, ship Shipping goods on his own account without permission from the master. goods on own SEC. 1520. If any part of the cargo or appurtenances of a ship is Embezzlement embezzled or injured by the mate or a seaman, the offender, or if or injury. it is not known which is the offender, all those of whom negligence or fault may be presumed, must make good the loss.

ment.

SEC. 1525. One who officiously, and without the consent of the Service withreal or apparent owner of a thing. takes it into his possession, for out employthe purpose of rendering a service about it, must complete such service and use ordinary care, diligence and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses, incurred by him about such service, from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue.

CODE OF CIVIL PROCEDURE,

Wages preferred-In executions.

SECTION 361. Nothing in this chapter [13] shall be so construed Executions for wages. as to exempt any personal property from execution for laborer's or mechanic's wages, or physician's bills, except that absolutely exempt;

** *

Exemption of wages from execution, etc.

1

when.

days'

SECTION 403. The judge may order any property of the judgment Sixty debtor, not exempt from execution, in the hands either of himself wages exempt, or any other person, or due the judgment debtor, to be applied towards the satisfaction of the judgment; except that the earnings of the debtor for his personal services, at any time within sixty days next preceding the order, can not be so applied when it is made to appear by the debtor's affidavit or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by his labor.

Right of action for injuries causing death.

SECTION 746. If the life of any person or persons is lost or de- Right acstroyed by neglect, carelessness, or unskillfulness of another crues, when. person or persons, company or companies, corporation or corporations, their or his agents, servants or employees, then the widow, heir, or personal representatives of the deceased, shall have the right to sue such person or persons, company or companies, corporation or corporations, and recover damages for the loss or destruction of the life aforesaid.

Damages recoverable are compensatory only, and pecuniary loss must appear to establish any claim. 6 S. Dak. 583.

No action can be maintained where the deceased left neither widow nor children. 13 S. Dak. 489.

Right to sue belongs to the widow and heirs and not to the personal representative. 3 S. Dak. 369.

PROBATE CODE.

Wages preferred-In administration.

SECTION 291. All demands against the estate of any deceased Order of payperson must be paid in the following order:

1. Funeral expenses.

2. The expenses of last sickness.

3. Expenses of administration.

4. Any debts that may be due by decedent personally to servants and employees for services rendered within the sixty days next preceding his death.

ment of demands.

JUSTICES' CODE.

Exemption of wages from attachment-Nonresidents.

Law of State SECTION 41. Whenever in any proceedings in any court of this of residence State to subject the wages due to any person to attachment it controls. shall appear that such person is a nonresident of the State of South Dakota, that the wages earned by him were earned and payable outside of the State of South Dakota, the said person whose wages are so sought to be subjected to attachment shall be allowed the same exemption as is at the time allowed to him by the law of the State in which he so resides.

Day defined.

Class of acts.

Servile labor.

Defense.

Manufactures,

etc.

Penalty.

Attempting to

Sunday labor.

SECTION 41. Under the term "day" as employed in the phrase "first day of the week," in the seven sections following, is included all the time from midnight to midnight.

SEC. 42. The following are the acts forbidden to be done on the first day of the week, the doing any of which is Sabbath breaking: 1. Servile labor.

2. Public sports.

3. Trades, manufactures and mechanical employments.
4. Public traffic.

5. Serving process.

SEC. 43. All manner of servile labor on the first day of the week is prohibited, excepting works of necessity or charity.

SEC. 44. It is a sufficient defense in proceedings for servile labor on the first day of the week, to show that the accused uniformly keeps another day of the week as holy time, and does not labor. upon that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time.

SEC. 46. All trades, manufactures and mechanical employments upon the first day of the week, are prohibited.

SEC. 49 (as amended by chapter 206, Acts of 1903). Every person guilty of Sabbath breaking is punishable by a fine of not more than ten dollars for each offense.

Protection of employees as voters.

SECTION 62. It shall not be lawful for any employer in paying influence vote. his employees the salary or wages due them, to inclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices or arguments, containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees. Nor shall it be lawful for any employer within ninety days of a general election, to put up or otherwise exhibit in his factory, mill, workshop or other estab lishment or place where his employees may be working, any handbill or placard containing any threat, notice or information, that in case any particular ticket or candidate shall be elected work in his place or establishment will cease in whole or in part, or that his establishment will be closed up, or the wages of his workmen will be reduced, or other threats, express or implied, intended or calculated to influence the political opinion or the actions of his employees in voting. This section shall apply to corporations as well as to individuals. Any person or corporation violating the provisions of this section shall be guilty of a misdemeanor. Any corporation violating the provisions of this section shall, upon proof thereof, forfeit its charter.

Forfeiture.

Penalties.

SEC. 64. Whoever shall violate any of the preceding provisions of this chapter shall, upon conviction thereof, be punished by imprisonment in the county jail for not less than three months nor more than one year.

Negligence of employees on steamboats, etc.

SECTION 261. Every captain or other person having charge of Causing death any steamboat used for the conveyance of passengers, or of the on steamboats; boilers or engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows to be created, such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking any person is killed, is deemed guilty of manslaughter in the second degree.

In factories,

SEC. 262. Every engineer, or other person having charge of any steam boiler, steam engine or other apparatus for generating or etc. employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine or apparatus, or to cause any other accident whereby the death of a human being is produced, is guilty of manslaughter in the second degree.

SEC. 418. Every captain or other person having charge of any Endangering steamboat used for the conveyance of passengers, or of the boilers life on steamboats; and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking, human life is endangered, is guilty of a misdemeanor.

SEC. 419. Every engineer or other person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, employed in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect, creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a misdemeanor.

Intoxication, negligence, etc., of railroad employees.

In factories.

SECTION 478. Every person who, while in charge, as engineer, Intoxication of a locomotive engine, or while acting as conductor or driver of engineer, etc. upon a railroad train or car, whether propelled by steam or drawn

by horses, is intoxicated, is guilty of a misdemeanor.

SEC. 479. Every engineer, conductor, brakeman, switch tender, Negligence enor other officer, agent, or servant of any railroad company, who is dangering life. guilty of any willful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor.

Intimidation of employers and employees.

Interfering employ

ment.

SECTION 757. Every person who, by any use of force, threats or intimidation, prevents or endeavors to prevent any hired foreman, with journeyman, apprentice, workman, laborer, servant or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or to induce such hired person to relinquish his work or employment, or to return any work he has in hand before it is finished, is guilty of a misde

meanor.

Threatening

SEC. 758. Every person who, by any use of force, threats or intimidation, prevents or endeavors to prevent another from em- employers. ploying any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a misdemeanor.