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ACTS OF 1898-99.
CHAPTER 218.-Security for wages of employees on public works-Con
tractors' bonds. Bonds required. SECTION 1. Hereafter any person or persons entering into a formal
contract with the District of Columbia for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligations that such contractor or contractors shall promptly make payments to
all persons supplying him or them labor and materials in the prosecuWho has right tion of the work provided for in such contract; and any person or of action.
persons making application therefor and furnishing affidavit to the department under the direction of which said work is being or has been prosecuted that labor or materials for the prosecution of such work has been supplied by him or them, and payment for which has not been made, shall be furnished with a certified copy of said contract and bond, upon which said person or persons supplying such labor and materials shall have a right of action, and shall be authorized to bring suit in the name of the District of Columbia or the United
States for his or their use and benefit against said contractor and sureProvisos. ties and to prosecute the same to final judgment and execution: Pro
vided, That such action and its prosecution shall not involve the District of Columbia or the United States in any expense: Provided, That in such case the court in which such action is brought is authorized to require proper security for cost in case judgment is for the defendant.
ACTS OF 1901–2.
CHAPTER 1352.—License tar for employment offices, etc.
Offices to be taxed.
SECTION 7, PAR. 42. Proprietors or owners of intelligence offices, information bureaus, registries, or employment offices, by whatsoever name called, shall pay a license tax of ten dollars per annum.
REVISED STATUTES OF 1891.
Part 1.–Title 11.-Seamen-Shipping masters. Shipping mas- SECTION 933. There shall be created in and for the several ports of
this State one or more shipping masters, to be appointed by the mayor
with the consent of the common council of each city or incorporated Duties. town in this State, whose business it shall be to provide and ship
crews for vessels and seamen, in accordance with the laws of the United States, whenever required to do so by proper authority repre
senting the vessels or owners. Regulations to Sec. 935. The mayor and council may grant license in conformity to be prescribed. this act, under such rules and regulations as they may prescribe, and
such ordinances and orders as in their judgment may be most conducive to the interests of their port, and for the government of the shipping and for the welfare and protection of the marine and seamen, subject to the laws of the United States, and for the direction and
government of said shipping masters as they may deem proper; and Penalty.
the same at any time may amend or revoke, and may impose fines for the violation of such rules, ordinances, orders and regulations, provided such fines so imposed by city or town authority under this chapter shall not exceed $50 for each offense in violating said rules, orders, regulations or ordinances.
Part 4.-TITLE 1.- Exemption of wages from attachment. Earnings of SECTION 2008. No writ of attachment or garnishment or other prohead of family cess shall issue from any of the courts of this state to attach or delay exempt.
the payment of any money or other thing due to any person who is the head of a family residing in this State, when the money or other thing is due for the personal labor or services of such person.
SEC. 2009. Whenever any money or other thing due for labor or Action in cases services, as aforesaid, is attached by such process, the person to whom of attachment. the same is due and owing may make oath before the officer who issued the process that the money attached is due for the personal labor and services of such person, and that he or she is the head of a family residing in this State. When such an affidavit is made, notice of the same shall be forth with given to the party or his attorney who sued out the process, and if the facts set forth in such affidavit are not denied under oath, within two days after the service of said notice, the process shall be returned, and all proceedings under the same shall cease. If the facts stated in the affidavit are denied by the party who sued out the process within the time above set forth and under oath, then the matter shall be tried by the court from which the writ or process issued, in like manner as claims to property levied upon by writ of execution are tried, and the money or thing attached shall remain subject to the process until release by the judgment of the court which shall try the issue.
Part 4.-TITLE 2.- Earnings of married women,
SECTION 2075. A married woman's wages and earnings acquired by Earnings sepaher in any employment separate from her husband shall be her sep-rate property. arate property and subject to her own disposal, as though she were a single woman.
Part 1.-TITLE 2.—Hours of labor.
SECTION 2117. Ten hours of labor shall be a legal day's work, and Ten hours a whenever any person employed to perform manual labor of any kind day's work. by the day, week, month or year renders so many hours of labor, he shall be considered as having performed a legal day's work, unless a written contract has been signed by the person so employed and the employer, requiring a less or greater number of hours of labor to be performed daily.
SEC. 2018. Unless such written contract has been made, the person employed shall be entitled to extra pay for all work performed by the requirement of his employer in excess of ten hours' labor daily.
Part 5.-TITLE 2.- Enticing employees.
SECTION 2405. Whoever shall entice or persuade by any means Enticing whatsoever any tenant, servant or laborer, under contract with another, ployees. whether written or verbal, to violate such contract, or shall employ any servant or laborer, knowing him or her to be under contract as aforesaid, shall be punished by imprisonment not exceeding sixty Penalty. days, or by fine not exceeding one hundred dollars.
Part 5.—Title 2.--Sunday labor.
SECTION 2638. Whoever follows any pursuit, business or trade on Sunday labor Sunday, either by manual labor or with animal or mechanical power,
forbidden. except the same be work of necessity, shall be punished by a fine not exceeding fiity dollars.
SEC. 2639. Whoever keeps open store or disposes of any wares, mer- Trading. chandise, goods or chattels on Sunday, or sells or barters the same, shall be punished by a fine not exceeding fifty dollars. In cases of emergency or necessity, however, merchants, shop keepers, and others
Exception. may dispose of the comforts and necessaries of life to customers, without keeping open doors.
SEC, 2640. Whoever employs his apprentice or servant in labor or Employing other business on Sunday, except it be in the ordinary household busi- servants. hess of daily necessity, or other work of necessity or charity, shall be punished by a fine not exceeding ten dollars for every such offense.
PART 5.-TITLE 2.- Intoxication of railroad employees. Intoxication of Section. 2693. If any person while in charge of a locomotive engine, engineers, etc. or acting as the conductor or superintendent of a car or train, or on
the car or train as a brakeman, or employed to attend the switches, drawbridges or signal stations on any railway, or acting as captain or
pilot on any steamboat shall be intoxicated, he shall be punished by Penalty. imprisonment not exceeding three months, or by fine not exceeding
five hundred dollars.
Part 5.— TITLE 2.- Employment of children. Consent of pa- SECTION 2733. Whoever hires or employs or causes to be hired or rents, etc., quired, when.
employed any minor, knowing such minor to be under the age of fifteen years and under the legal control of another, without the
consent of those having such legal control, for more than sixty days, shall be punished by imprisonment not exceeding sixty days or by fine not exceeding twenty dollars.
Part 5.-TITLE 2.-Seamen-Shipping masters, etc. Boarding ves- SECTION 2751. No one engaged in the business of shipping sailors, sels without con- nor any keeper of any sailor boarding house, nor any one in the employ
of the keeper of a sailor boarding house, or acting in any manner in behalf of the keeper of a sailor boarding houșe, shall go on board of any vessel, in any port or harbor in this State, without first having obtained from the master of such vessel permission to go on board of his vessel. If any one engaged in the business of shipping sailors, or the keeper of any sailor boarding house, or any one in the employ of or acting in behalf of the keeper of a sailor boarding house, shall go on board of any vessel outside the jurisdiction of this State, he shall not remain on board of such vessel after she has entered any port or harbor of this State without first having obtained the express consent of the master of such vessel. Whoever willfully violates the provisions
of this section shall be punished by imprisonment not exceeding twelve Penalty. months, or by a fine not exceeding five hundred dollars.
CHAPTER 4071.—Liability of railroad companies for injuries to employees.
(Page 1008. Act approved May 4, 1891.) Negligence of SECTION 3. If any person is injured by a railroad company by the fellow-gervants.
running of the locomotives, or cars, or other machinery of such company, he being at the time of such injury an employee of the company, and the damage was caused by negligence of another employee, and
without fault or negligence on the part of the person injured, his emContracts re- ployment by the company shall be no bar to a recovery. No contract stricting liabil- which restricts such liability shall be legal or binding. ity.
[The following annotation relates to chapter 3744, Acts of 1887, repealed by the above chapter, but is regarded as applicable to the present law:
Under this provision of the statute an employee of a railroad company can not recover damages from such company for injuries sustained by him on account of the negligence or carelessness of another employee unless wholly without fault himseli, even though in performing the act that resulted in the injury he was acting under the orders of a superior. 34 Fla. 85.
ACTS OF 1893.
CHAPTER 4144.—Conspiracy against workingmen. Preventing em- SECTION 1. If two or more persons shall agree, conspire, combine, or ployment, etc.
confederate together for the purpose of preventing any person or persons from procuring work in any firm or corporation, or to cause the discharge of any person or persons from work in such firm or corporation, or if any person or persons shall verbally or by a written or printed
communication, threaten any injury to the life, property or business
CHAPTER 4199.- Hours of labor-Railroad employees. SECTION 1. From and after the passage of this act, it shall be unlaw- Limit of thirful for any railroad doing business in this State to require or permit its teen hours. employees, who are engaged in the business of operating its trains over its roads, to make runs of over thirteen hours, or make runs aggregating more than thirteen hours in any twenty-four hours, except when such train is detained by reason of casualty, or other cause, from reaching its destination on schedule time, and no conductors and engineers, after having been on a run or runs for as much as thirteen hours, out of every twenty-four hours, shall be required to again go on duty until after eight hours' rest, except in the case above stated. Eight hours' No employee of any railroad company shall be deprived of his right to rest. recover damages for personal injury by reason of the fact that he, at the time of such injury, was making a run of more than thirteen hours, or making a run aggregating more than thirteen hours in twenty-four hours, or had gone on duty after a thirteen hours' run, or runs aggregating thirteen hours before eight hours' rest.
SEC. 2. Any railroad violating any of the provisions of section 1 of Penalty. this act, shall be subject to a forfeiture of not less than fifty nor more than five hundred dollars; all forfeitures collected under the provisions of this act, shall be paid into the State treasury to the credit of the school fund.
SEC. 3. Suits for the collection of forfeitures under the provisions of Action may be this art, shall be brought in the county in which the principal office brought, where. of the railroad employing trainmen offending is situated, or if such company shall have no principal office in this State, then such suit may be brought in any county in which such company has a track and an agent.
CHAPTER 4207.- Blacklisting, etc SECTION 1. If any railroad company or other corporation doing busi- Blacklisting. ness in this State, or any person, agent or employer of any such company or corporation after having discharged any employee from the service of any such company or corporation, shall attempt to prevent by word or writing, sign or other means, directly or indirectly, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent, employer, company or corporation shall be guilty of a misdemeanor, and on conviction, Penalty. shall be punished by a fine not exceeding five hundred dollars or less than one hundred dollars, and such person, agent, employer, company or corporation shall be liable in damages to such discharged person, to be recovered by civil action; but this section shall not be construed as Act construed. prohibiting any person, agent, employer, company or corporation from giving in writing to any other person, company or corporation to whom such discharged person has applied for employment, a truthful statement of the reasons for such discharge; and shall furnish to such discharged employee on his application, to such address as may be given by such discharged employee, within ten days after such application made as aforesaid, a true copy of any such written statement.
Sec. 2. If any railroad company or other corporation doing business Liability in this state, shall authorize or permit, with its knowledge and con
damages. sent, any of its officers, agents, employers or employees to commit either or any of the acts prohibited by this act (except as herein provided), such railroad company or corporation shall be liable in damages to such employee so prevented from obtaining employment, to be recovered by him in a civil action. Sec. 3. It'shall be the duty of any person, officer, agent, employer, Statement
of company or corporation aforesaid, after having discharged any em
charge. ployee from the service of any such company or corporation, upon
cause of dis
written demandi by such employee, to furnish to him, within ten days from the application for the same, a full statement in writing of the cause or causes of his discharge, and if any such person, officer, agent, employer, company or corporation as aforesaid shall refuse within ten days after demand as herein provided to furnish such statement to such discharged employee, it shall be ever after unlawful for any such person, officer, agent, employer, company or corporation to furnish any statement of the cause of such discharge to any person or corporation or to in any way blacklist or to prevent such discharged employee from procuring employment elsewhere, subject to the penalties prescribed in section one of this act. And on the trial of any person, company or corporation, for a violation of the provisions of this act, any other person who may have authorized or permitted, with knowledge and consent as aforesaid, any such offense, or who may have participated in the same, shall be a competent witness, and be compelled to give evidence, and nothing then said by such witness shall at any time be received or given in evidence against him in any prosecution against the said witness, except on an indictment for perjury in any matter to which he may have testified; and on the trial of any such person for any violation of this act, the prosecution shall have the authority and process of the court trying the case to compel the production in court, to be used in evidence in the case, the books and papers of any such person, company or corporation, and a failure to produce the same, after such reasonable notice as the court may in each case provide, shall be in contempt of court, and punishable as such against the custodian or person, company or corporation having
the control or in charge of such books and papers, who shall fail to Proviso. produce the same: Provided, That such written cause of the discharge,
when so made as aforesaid, at the request of such discharged employee shall never be used as the cause for an action for slander or for libel, either civil or criminal, against the person or authority furnishing the
same. Employee to SEC. 4. It shall be the duty of any person, company or corporation, have informa- who has received any request or notice in writing, sign, word or othertion.
wise, from any other person, company or corporation, preventing or attempting to prevent the employment of any person discharged from the service of either of the latter, on demand of such discharged employee, to furnish to such employee within ten days after such demand, a true statement of the nature of such request or notice, and if in writing, a copy of the same, and if a sign, the interpretation thereof, with the name of the person, company or corporation furnishing the same, with the place of business of the person or authority furnishing the same; and a violation of this section shall subject the offender to all the penalties, civil and iminal, provided by the fore
going sections of this act. Application. SEC. 5. The provisions of this act shall apply to and prevent, under
all the penalties aforesaid, railroad companies or corporations under the same general management and control but having separate divisions, superintendents or master mechanics, master machinists or similar officers, for separate or different lines, their officers, agents and employees, from preventing or attempting to prevent the employment of any such discharged person by any other separate division, or officer or agent or employer of any such separate railroad line or lines.
ACTS OF 1895.
CHAPTER 4372.--Enticing seamen to abandon vessels. Enticing sea- SECTION 1. From and after the passage of this act, it shall be unlaw
ful for any person or persons to entice any seaman or sailor from the vessel, on which he is engaged, previous to the expiration of his term
of service on said vessel. And any person or persons enticing said Penalty. seaman or sailor shall be guilty of a misdemeanor, and upon convic
tion, shall be punished by a fine not exceeding fifty dollars, or be imprisoned not exceeding thirty days, or by both such fine and imprisonment, at the discretion of the court.