Coercion, etc., by employers. Penalty. Corporation li agent. DELAWARE. REVISED CODE OF 1852, EDITION OF 1893. CHAPTER 16.-Protection of employees as voters. (Page 148.) SECTION 1. If any person or corporation existing or doing business in this State, shall hinder, control, coerce or intimidate, or shall attemp to hinder, control, or coerce, or intimidate, any qualified elector of this State from or in the exercise of his right to vote at any general, special or municipal election held under the laws of this State, by means of bribery, or by threats of depriving such elector of employment or occupation, absolutely or cotingently [contingently], directly or indirectly; every such person or corporation so offending shall [be] guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay to the State of Delaware a fine of not less than five hundred nor more than two thousand dollars or be imprisoned (if a natural person) not more than one year or both in the discretion of the court. And every elector so aggrieved may also, in an action of debt brought for that purpose, sue for and recover from the person or corporation so offending as aforesaid, the sum of five hundred dollars. SEC. 2. In all trials under the provisions of the foregoing section, able for acts of the act or acts of any officer of a corporation so far as they affect or concern any employee or servant of such corporation, shall be taken and held to be the act or acts of the corporation, whether general or special authority as to such act or acts from the corporation, to such officer be shown or not. But nothing herein contained shall be construed to relieve any officer of a corporation from individual liability under the provisions of this act. CHAPTER 70.-Wages preferred-In insolvency. (Page 581.) SECTION 38. In case of the insolvency of any corporation, the laborers in the employ thereof shall have a lien upon the assets thereof for the amount of the wages due to them, not exceeding one month's wages respectively, which shall be paid prior to any other debt or debts of said company; and the word "laborers" shall be construed to include all persons doing labor or service of whatever character for, or as workmen or employees in the regular employ of such corporation. CHAPTER 76.-Earnings of married women. (Page 600.) SECTION 3. Any married woman may receive the wages of her personal labor not performed for family, maintain an action therefor in her own name, and hold them in her own right against her husband or any other person; * * * CHAPTER 89.-Wages preferred-In administration. (Page 676.) SECTION 25. Executors and administrators shall pay demands against the deceased in the following order: First: Funeral expenses; Second: [The reasonable bills for medicine and medical attendance during the last sickness, and for] nursing and necessaries for the last sickness of the deceased; Third: Wages of servants and laborers employed in household affairs, or in the cultivation of a farm-but no servant, or laborer to be allowed this preference for more than one year's wages; CHAPTER 105.-Right of action for injuries. (Page 788.) tion. SECTION 1. No action hereafter brought to recover damages for Survival of acinjuries to the person by negligence or default, shall abate by reason of the death of the plaintiff; but the personal representatives of the deceased may be substituted as plaintiff and prosecute the suit to final judgment and satisfaction. SEC. 2. Whenever death shall be occasioned by unlawful violence or negligence, and no suit be brought by the party injured to recover damages during his or her life, the widow of any such deceased person, or if there be no widow, the personal representatives may maintain an action for and recover damages for the death thus occasioned. CHAPTER 110.—Wages preferred—In assignments, executions, etc. * * (Page 817.) Who may sue. SECTION 1. * All debts or claims that may become due or Wages growing due for labor or services rendered by any mechanic, laborer, paid first. clerk or other employee of any person or persons, chartered company or association employing laborers, clerks or mechanics in any manner whatsoever, shall be a first lien on all the real and personal property of such employer or employers, and shall be the first to be satisfied out of the proceeds of the sale of such property, whether made by an officer or an assignee of such employer or employers or otherwise: Provided, however, That the debt or claim secured to the mechanic, Provisos. laborer, clerk or other employee under this act shall not exceed a sum equal to the wages of such mechanic, laborer, clerk, or other employee for one month: And provided further, That in no event shall such debt or claim exceed the sum of fifty dollars, though the wages for one month may be a greater sum. Notice of such claim or debt shall be given to the coroner, sheriff, constable, assignee, or other person who shall make or conduct the sale of property subject to the lien or preference provided for by this act. to be SEC. 2. No such claim or debt for work, labor, or clerk hire as afore. Claim to said shall be a lien upon any real estate as is provided for in section 1 filed. of this act, unless a copy of such claim or debt shall be filed in the prothonotary's office of the county in which such real estate is situated within one month after the same shall have become due and owing or shall be growing due and owing. Any person presenting a copy of such claim or debt to be filed in the prothonotary's office as aforesaid, shall accompany the same with an affidavit stating that such debt or claim is just and true. The fee to the prothonotary for such service shall be fifty cents. SEC. 5. Any person who shall make an affidavit to any debt or claim which is untrue shall be guilty of a misdemeanor, and shall forfeit and pay a fine of fifty dollars. False affidavits. SEC. 6. The parent, guardian, or next friend of any minors who shall Claims of mirender such service as is mentioned in the first section of this act shall nors. have the right to proceed under the provisions of this act to secure the debt or claim arising from the service or labor rendered by such minor as aforesaid. SEC. 7. This act shall not apply to Kent and Sussex counties. CHAPTER 111.-Exemption of wages from execution, etc. (Page 841.) SECTION 1. The following shall be exempt from execution attachment process under the laws of this State, to wit: 1st. Fifty per centum of the amount of wages for labor or service of any person residing within the State of Delaware, attached under said process, and judgments obtained by virtue of said process shall be rendered only for so much of the wages so attached as shall remain after the said fifty per centum thereof shall have been deducted, and the wages so deducted and exempted shall not, thereafter, at any time or in any case, be subject to any execution attachment process whatsoever. 2d. The Exceptions. Fifty per cent of wages exempt. All wages of entire amount of the wages for labor or service of any married woman women and during coverture. 3d. The entire amount of the wages for labor or service of any minor. minors. Ninety per cent of wages exempt. CHAPTER 111(as amended by chapter 209, Acts of 1901).-Exemption of wages from attachment, etc.-New Castle County. (Page 841.) SECTION 1. Ninety per centum of the amount of the wages for labor or service of any person residing within New Castle County, shall be exempt from mesne attachment process, and execution attachment process, under the laws of this State. (Except where the said execution attachment process is for board or lodging or both, as the case may be, and for an amount not exceeding fifty dollars exclusive of costs.) Law applies to SEC. 2. The provisions of this act as to the liability to attachment necessaries only. process of ten per centum of wages for any debt, shall apply solely to debts incurred for or on account of the purchase of food, provisions and articles used in the home, commonly designated as the necessaries of life. But one attach SEC. 3. On any amount of wages due for a stated and regular period ment to be made. (not exceeding one month) for the payment of such wages, only one attachment may be made, and any creditor causing such attachment to be made shall have the benefit of his priority, and further provided that the garnishee in any attachment made under the provisions of this act shall be paid the sum of fifteen cents, and that the total liability of the debtor for costs under any attachment laid in accordance with the provisions of this act shall not exceed the sum of ninety cents: Provided, however, That said costs incurred in the laying of any attachment under this act shall be paid out of the whole amount of said wages attached notwithstanding the provisions of section 1 of this act exempting ninety per centum of wages. Costs, etc. Strikes. locomotive. CHAPTER 127.-Abandonment, etc., of locomotives or cars—Strikes. (Page 928.) SECTION 1. If any locomotive engineer, upon any railroad within this State, who shall, at the time, be engaged in any strike, or with a view to incite others to such strike, or in furtherance of any combination or preconcerted arrangement with any other person or persons to Abandoning bring about or produce such strike, shall abandon the locomotive engine in his charge, when attached either to a passenger or freight train, at any place other than the schedule or otherwise appointed destination of such train, or shall refuse or neglect to proceed with said train to the place of destination, as aforesaid, every such person, so offending, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof by indictment, be fined not less than one hundred, nor more than five hundred dollars and may be imprisoned for a term not exceeding six months, at the discretion of the court. Penalty. Refusing to SEC. 2. If any locomotive engineer, or railroad employee, within move cars of an- this State, for the purpose of furthering the object of, or lending aid to, other company any strike or strikes organized or attempted to be maintained on any other railroad, either within or without this State, shall refuse or neglect, in the course of his employment, to aid in the movement over and upon the tracks of the company employing him of the cars of such other railroad company, or receive therefrom in course of transit where strikes are, either then, or may have been organized or attempted to be maintained, as aforesaid, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment, shall be fined not less than one hundred, nor more than five hundred dollars, and may be imprisoned for a term not exceeding six months, at the discretion of the court. Penalty. Interfering SEC. 3. If any person in aid or furtherance of the objects of any strike with employee. upon any railroad within this State, shall interfere with, molest or obstruct any railroad employee engaged in the discharge and performance of his duty, as such, every person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment, shall be fined not less than one hundred, nor more than Penalty. SEC. 4. If any person or persons, in aid or furtherance of the objects Obstructing of any strike, shall obstruct any railroad track within this State, or track, etc. shall injure or destroy the rolling stock of any other property of any railroad company, or shall take possession of or remove any such property, or shall prevent, or attempt to prevent, the use thereof by such railroad company or its employees, or shall, by offer of recompense, induce any employees of any railroad company within this State, to leave the service of such company, every such person, so offending, shall be deemed guilty of a misdemeanor, and, upon convic- Penalty. tion thereof by indictment, shall be fined not less than five hundred, nor more than one thousand dollars, and may be imprisoned, not less than six months, nor more than one year, at the discretion of the court. SEC. 5. If any conductor, baggage master, brakeman, or other train Abandoning man, employed on either a freight or passenger train, on any railroad train, etc. within this State, shall abandon the train to which he is so attached, or with which he is connected in furtherance of any strike, or with a view of inciting others to such strike, or in aid of any others who may be engaged in such strike, at any place other than the schedule or otherwise appointed destination of such train, or shall refuse or neglect to proceed with such train to its place of destination, every such person, so offending, shall be deemed guilty of a misdemeanor, and upon conviction thereof, by indictment, shall be fined not less than one hundred, nor more than five hundred dollars, and may be imprisoned for a term not exceeding six months, at the discretion of the court. CHAPTER 127.-Fire escapes on factories, etc. (Page 929.) * * * Penalty. certain build SECTION 1. The owner or owners of any building * * * being Fire escapes to more than two stories in height and which shall be used in the third be provided for or any higher story, in whole or in part as a * factory or ings. workshop, or as a tenement house * * shall be required to furnish such building with sufficient permanent fire escapes from the third and all higher stories, and which escapes shall be kept and maintained in good order. Such fire escapes may be by means of stairways or ladders outside the building, or by stairways in a separate tower or structure furnished with safe and easy communication with such building: Provided, That this act shall not apply to any building whatever that is already supplied with two or more independent stairways leading from the highest story to the ground floor, if said stairways shall not be nearer to each other at any point than a distance of sixty feet. SEC. 2. It shall be the duty of the chief engineer of the fire depart- Inspection. ment in any city, town or borough where there may be such officers, or if there be no such officer therein, then of the mayor or chief officer thereof, and in all other places of the clerk of the school district wherein any such building is located to examine such fire escapes as to their suitableness and sufficiency, whether as to quality, location or number. If upon such examination such escapes be found to be sufficient and suitable, the person examining shall give the owner of such building or some one of them, if more than one, a certificate stating such examination and his approval, which certificate shall be good for two years, at the expiration of which time another examination shall be had and a like certificate given. Such certificate of approval shall be evidence of sufficient compliance with the requirements of this act and shall protect such owner from any penalty herein prescribed during the time for which it may have been given. The fee for such exami. nation shall be one dollar. SEC. 4. Every owner of any such building as is specified in this act, Penalty. whether an individual or a body corporate, who shall fail to comply with the provisions thereof shall be deemed guilty of a misdemeanor and be liable to indictment, and upon conviction shall forfeit and pay Seats to be provided. Penalty. Sunday labor forbidden. Acrobatic, to the State a fine not exceeding two hundred dollars, and in case of a corporation, payment of the fine may be enforced by a writ of fieri facías to be issued out of the court where such conviction was had on the judgment thereof and continued by venditioni exponas as upon judgments in the superior court. CHAPTER 127.-Seats for female employees. (Page 932.) SECTION 1. Every person or corporation employing female employees in any manufacturing, mechanical or mercantile establishments in this State shall provide suitable seats for the use of the female employees so employed, and shall permit the use of such by them when not necessarily engaged in the active duties for which they are employed. SEC. 2. Any person, firm or corporation violating any of the provisions of this act, shall be punished by a fine of not less than twentyfive dollars ($25) nor more than fifty dollars ($50) for each offense. CHAPTER 131.-Sunday labor. (Page 953.) SECTION 4. If any person shall perform any worldly employment, labor, or business, on the Sabbath day (works of necessity and charity excepted), he shall be fined four dollars, and on failure to pay such fine and costs, shall be imprisoned not exceeding twenty-four hours. If any carrier, peddler, wagoner, or driver of any public stage, or carriage, or any carter, butcher, or drover, with his horse, pack, wagon, stage, carriage, cart, or drove, shall travel, or drive, upon the Sabbath day; or if any retailer of goods shall expose the same to sale on the Sabbath; he shall be fined eight dollars, and on failure to pay such fine and costs shall be imprisoned not exceeding twenty-four hours. Any justice of the peace may stop any such person so traveling on the Sabbath, and detain him until the next day. CHAPTER 131.-Employment of children-Certain employments forbidden. (Page 954.) SECTION 2. Any person having the care, custody, or control of any mendicant, etc., minor child under the age of fifteen years who shall in any manner employments. sell, apprentice, give away, or otherwise dispose of such minor, or any person who shall take, receive, or employ such child for the vocation or occupation of rope or wire walking or dancing, or as an acrobat or gymnast, or any person who, having the care, custody, or control of any minor child whatsoever, and shall sell, apprentice, give away, or otherwise dispose of such minor, or who shall take, receive, or employ such minor for begging or any obscure [sic], indecent, or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, or any person who shall retain, harbor, or employ any minor child in or about any assignation house or brothel, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace or court of record shall be fined not less than twenty dollars nor more than one hundred dollars for each and every offense. Penalty. ACTS OF 1897. rooms, etc., for female employ CHAPTER 452.-Factories and workshops-Provisions for female employees— Dressing SECTION 1 (as amended by chapter 453, Acts of 1897). It shall be the duty of every person or corporation employing female labor to the number of ten or upwards in New Castle County to provide, within three months after the passage of this act, a room or rooms, plainly and appropriately furnished, for such female employees to dress, wash ees. |