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Right of action for personal injuries Limitations.
Limitation of SECTION 3447. Actions may be brought within the times herein two years. limited, respectively, after their causes accrue, and not afterwards,
except when otherwise specially declared:
Execution on judgment for wages not to be stayed. SECTION 3996. On all judgments for the recovery of money, except those rendered on any appeal or writ of error, or in favor of a laborer or mechanic for his wages,
there may be a stay of execution,
Exemption of wages from execution, etc.
Ninety days' SECTION 4011. The earnings of a debtor who is a resident of the State earningsexempt, and the head of a family for his personal services, or those of his fam
ily, at any time within ninety days next preceding the levy, are exempt from liability for debt.
Ninety days' earnings are exempt whether accruing before or after the garnishment. 22 lowa 137.
The statute is not limited to cases of attachment or execution, but covers all methods of subjecting personal earnings to the claims of creditors. 89 Iowa 322.
Exemption of wages-Unlawful assignment of claims. Sending claim
SECTION 4018. Whoever, whether as principal, agent or attorney, out of State, ete,
with intent to deprive a resident in good faith of the State of the benefit of the exemption laws thereof, sends a claim against such resident and belonging to a resident, to another State for action, or causes action to be brought on such claim in another State, or assigns or transfers such claim to a nonresident of the State, with intent that action thereon be brought in the courts of another State, the action in either case being one which might have been brought in this State, and the
property or debt sought to be reached by such action being such as Penalty. might, but for the exemption laws of this state, have been reached by
action in the courts of this State, shall be guilty of a misdemeanor, and punished by a fine of not less than ten nor more than fifty dollars.
Wages preferred-In receiverships.
SECTION 4019. When the property of any company, corporation, firm or person shall be seized upon by any process of any court, or placed in the hands of a receiver, trustee or assignee for the purpose of paying or securing the payment of the debts of such company, corporation, firm or person, the debts owing to employees for labor per. formed within the ninety days next preceding the seizure or transfer of such property, to an amount not exceeding one hundred dollars to each person, shall be a preferred debt and paid in full, or if there is not sufficient realized from such property to pay the same in full, then, after the payment of costs, ratably out of the fund remaining, but such preference shall be junior and inferior to mechanics' liens for labor in opening and developing coal mines.
This statute gives laborers a lien which takes precedence of a mechanics' lien, even though it antedates the laborers' lien. 110 Iowa 231. It has preference also over mortgage liens. 97 Fed. Rep. 762.
Sec. 4020. Any employee desiring to enforce his claim for wages, at any time after seizure of the property under execution or writ of attachment and before sale thereof is ordered, shall present to the officer levying on such property or to such receiver, trustee or assignee,
or to the court having custody of such property or from which such process issued, a statement under oath, showing the amount due after allowing all just credits and set-offs, and the kind of work for which such wages are due, and when performed; and unless objection be made thereto as provided in the following section, such claim shall be allowed and paid to the person entitled thereto, after first paying all costs occasioned by the proceeding out of the proceeds of the sale of the property so seized or placed in the hands of a receiver, trustee, or assignee, or court, subject, however, to the provisions of the preceding section.
SEC. 4022. Claims of employees for labor, if not contested, or if Wage claims allowed after contest, shall have priority over all claims against or
precede liens upon such property, except prior mechanics' liens for labor in Exception. opening or developing coal mines as allowed by law.
Seats for female employees. SECTION 4999. All employers of females in any mercantile or manufacturing business or occupation shall provide and maintain suitable provided. seats, when practicable, for the use of such female employees, at or beside the counter or workbench where employed, and permit the use thereof by such employees to such extent as the work engaged in may reasonably admit of.
Any neglect or refusal to comply with the provisions of this section Penalty. by any employer shall be punished by a fine not exceeding ten dollars.
Factories and workshops-- Inspection, etc. SECTION 4999a. Every manufacturing establishment, workshop or Water-closets. hotel in which five or more persons are employed, shall be provided with a sufficient number of water-closets, earth closets or privies for the reasonable use of the persons employed therein, which shall be properly screened and ventilated and kept at all times in a clean condition; and if women or girls are employed in such establishment, the water-closets, earth closets or privies used by them shall have separate approaches and be separate and apart from those used by the men.
Sec. 4999b. It shall be the duty of the owner, agent, superintendent Safety applior other person having charge of any manufacturing or other establish- ances. ment where machinery is used, to furnish and supply or cause to be furnished and supplied therein, belt shifters or other safe mechanical contrivances for the purpose of throwing belts on and off pulleys, and, wherever possible, machinery therein shall be provided with loose pulleys; all saws, planers, cogs, gearing, belting, shafting, set-screws and machinery of every description therein shall be properly guarded. No cleaning maperson under sixteen years of age, and no female under eighteen years chinery in moof age shall be permitted or directed to clean machinery while in motion. Children under sixteen years of age shall not be permitted Employment to operate or assist in operating dangerous machinery of any kind. of children.
.Sec. 4999c. All persons, companies or corporations operating any fac- Blowers for tory or workshop where emery wheels or emery belts of any descrip- polishing mation, or tumbling barrels used for rumbling or polishing castings, are
chines, etc. used, shall provide the same with blowers and pipes of sufficient capacity, placed in such manner as to protect the person or persons using same from the particles of dust produced or caused thereby, and to carry away said particles of dust arising from or thrown off such wheels, belts or tumbling barrels while in operation, directly to the outside of the building, or to some receptacle place[dj so as to receive or confine such particles or dust: Provided, however, That grinding machines upon which water is used at the point of grinding contact, and small emery wheels which are used temporarily for tool grinding, are not included within the provisions of this section, and the shops employing not more than one man at such work may, in the discretion of the commissioner of the bureau of labor of the State, be exempt from the provisions hereof.
SEC. 4999d. It shall be the duty of the commissioner of the bureau Enforcement. of labor of the State, and the mayor, and chief of police of every city or town, to enforce the provisions of the foregoing sections. Any person, whether acting for himself or for another or for a copartner
ship, joint stock company or corporation, having charge or management of any manufacturing establishment, workshop or hotel, who shall fail to comply with the provisions of said sections, within ninety days after being notified in writing to do so, by any one of said officers
whose duty it may be to enforce the provisions of said sections, shall Penalty. be punished by a fine not exceeding one hundred dollars or by im
prisonment in the county jail not exceeding thirty days. Fire escapes.
Sec. 4999e. The owners, proprietors or lessees of all buildings, structures or enclosures of three or more stories in height, now constructed or hereafter to be erected, shall provide for and equip said buildings and structures with such protection against fire and means
of escape from such buildings as shall hereafter be set forth in this bill. Applies to man- Sec. 4999f. The buildings, structures and enclosures contemplated ufactories. in this act shall be classified as follows:
Sixth. Manufactories, warehouses and buildings of all character[s]
of three or more stories in height, not specified in the foregoing sections. Number of lad- Sec. 4999g. * * * Each five thousand (5,000) superficial feet of area ders, etc., re-or fractional part thereof covered by buildings under classification 6, quired.
section 2 of this act [sec. 4999f, subsec. 6], shall be provided with at least one above described ladder (of steel or wrought iron construction] and platforms at each story, if not more than twenty (20) persons be employed in the same. If more than twenty (20) persons be employed, then there shall be at least two of the above described ladders, and platforms attached, or one such stairway [of steel or wrought iron construction] and platforms of sufficient size at each story, and if more than forty (40) persons be employed in said building, then there shall be at least two, or such number of the above described outside stairways as the chief of fire department, or the mayor of any city or town where no such chief of fire department exists, may from time
to time determine. Specifications. Sec. 4999h. It is hereby made the duty of the chief of fire depart
ment, or the mayor of each city or town where no such chief of fire department exists, or the chairman of the board of supervisors, in case such building is not within the corporate limits of any city or town, to adopt uniform specifications for fire escapes herein before provided, and keep such specifications on file in their respective offices, and to serve or cause to be served a written notice in behalf of the State of
Iowa upon the owner or owners, or their agents or lessees, of buildings Enforcement. within this State not provided with fire escapes in accordance with the
provisions of this act, commanding such owner, owners, or agents or either of them, to place or cause to be placed upon said buildings, such fire escape or fire escapes as are provided within this act within sixty days after service of such notice, pursuant to the specifications established. Any such owner, owners or agents, trustees or either of them so served with notice as aforesaid, who shall not within sixty days after the service of said notice upon him or them, place or cause to be placed such fire escape or fire escapes upon such buildings as
required by this act and the terms of said notice, shall be subject to a Penalty.
fine not less than fifty ($50) dollars, and not more than one hundred ($100) dollars, and shall be subject to a further fine of twenty-five ($25) dollars for each additional week of neglect to comply with such
notice. Inspection. Sec. 49991. All fire escapes erected under the provisions of this act
shall be subject to inspection and approval or rejection in writing, by the person named in section 4 of this act [sec. 4999h) who has caused
such written notice to be served. l'se of explo
SEC. 4999k. It shall be unlawful for any person to establish or opersive fluids, etc. ate any dye works, pantorium, or cleaning works, in which gasoline,
benzine, naphtha, or other explosive or dangerous fluids are used for the purpose of cleaning or renovating wearing apparel or other fabrics, in any building any part of which is used as a residence or lodging
house. Penalty. SEC. 49991. Any person convicted of violating the provisions of the
foregoing section shall be fined in a sum not exceeding fifty ($50) nor less than ten ($10) dollars.
Guards on threshing machines. SECTION 5025. If any person run any threshing machine in this State Tumbling rods, without having two lengths of tumbling rods next the machine, etc., to be boxed. together with the knuckles or joints and jacks of the tumbling rods safely boxed and secured while the machine is running, he shall be fined not less than ten nor more than fifty dollars for every day or part of day he shall violate this section.
Inspection, etc., of steam boilers.
Section 5026. Any person owning or operating steam boilers in this Steam gauges, State shall provide the same with steam gauge, safety valve and water etcon to be pro
vided. gauge, and keep the same in good order. Any person neglecting so to do shall be fined not less than fifty nor more than five hundred Penalty. dollars.
Blacklisting. SECTION 5027. If any person, agent, company or corporation, after Blacklisting. having discharged any employee from his or its service shall prevent or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or corporation, except by furnishing in writing on request a truthful statement as to the cause of his discharge, such person, agent, company or corporation shall be punished by a fine not exceeding five hundred nor less than one hundred dollars, and shall be liable for all damages Penalty. sustained by any such person.
Sec. 5028. If any railway company or any other company, partner- Acts of agents. ship or corporation shall authorize or allow any of its or their agents to blacklist any discharged employee, or attempt by word or writing or any other means whatever to prevent such discharged employee, or any employee who may have voluntarily left said company's service, from obtaining employment with any other person or company, except as provided for in the preceding section, such company or copartnership shall be liable in treble damages to such employee so prevented Penalty. from obtaining employment.
Sunday labor. SECTION 5040. If any person be found on the first day of the week, , Sunday labor
forbidden. commonly called Sunday, engaged * in buying or selling property of any kind, or in any labor except that of necessity or charity, he shall be fined not more than five nor less than one dollar, and be imprisoned in the county jail until the fine, with costs of prosecution, shall be paid; but nothing herein contained shall be construed to extend to those who conscientiously observe the seventh day of the week as the Sabbath, or to prevent persons traveling or families emi. grating from pursuing their journey, or keepers of toll bridges, toll gates and ferrymen from attending the same.
Trade-marks of trade unions. SECTION 5049. Every person, or association or union of workingmen Filing labels, or others, that has adopted or shall adopt for their protection any label, trade-mark or form of advertisement, may file the same for record in the office of the secretary of state by leaving two copies, counterparts or facsimiles thereof with the secretary of state. Said secretary shall thereupon deliver to such person, association or union so filing the same a duly attested certificate of the record of the same, for Certificate. which he shall receive a fee of one dollar. Such certificate of record shall in all actions and prosecutions under the following * sections be sufficient proof of the adoption of such label, trade-mark or form of advertisement, and the right of said person, association or union to adopt the same.
Sec. 5050. Every person, association or union adopting a label, Enjoining trade-mark or form of advertisement, as specitied in the preceding
counterfeits, etc. section, may proceed by action to enjoin the manufacture, use, dis
play or sale of any counterfeits or imitations thereof; and all courts having jurisdiction of such actions shall grant injunctions to restrain such manufacture, use, display or sale, and shall award the complainant therein such damages resulting from such wrongful manufacture, use, display cr sale, and a reasonable attorney's fee to be fixed by the court, and shall require the defendant to pay to such person, association or union the profits derived from such wrongful manufacture, use, display or sale, and a reasonable attorney's fee to be fixed by the court, and said court shall also order that all such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court to be destroyed. Such actions may be prosecuted for the benefit of any association or union by any
officer or member thereof. Imitation, etc. Sec. 5051. It shall be unlawful for any person or corporation to imi
tate any label, trade-mark or form of advertisement adopted as provided in the second preceding section, or to knowingly use any counterfeit or imitation thereof, or to use or display such genuine label, trade-mark or form of advertisement, or the name or seal of such person, union or association, or of any officer thereof, unless authorized
so to do, or in any manner not authorized by him or it. Any person Penalty.
violating any provision of this section shall be imprisoned in the county jail not more than thirty days, or be fined not less than twenty-five nor more than one hundred dollars.
ARTICLE 15.- Publie printing to be done at capital. Public print- SECTION 230.
All public printing shall be done at the ing to be done, capital, and the prices for the same shall be regulated by law.
GENERAL STATUTES OF 1901.
CHAPTER 5a.-Boards of arbitration.
Arbitration tri- SECTION 332. The district court of each county, or a judge thereof in . bunals.
vacation, shall have the power, and upon the presentation of a petition as hereinafter provided it shall be the duty, of said court or judge to issue a license or authority for the establishment within and for any county within the jurisdiction of said court, of a tribunal for voluntary arbitration and settlements of disputes between employers and employed in the manufacturing, mechanical, mining and other industries.
Sec. 333. The said petition shall be substantially in the form hereinafter given, and the petition shall be signed by at least five persons employed as workmen, or by two or more separate firms, individuals, or corporations within the county who are employers within the county: Provided, That at the time the petition is presented, the judge before whom said petition is presented may, upon motion, require testimony to be taken as to the representative character of said petitioners; and if it appears that the requisite number of said petitioners are not of the character they represent themselves to be, the establishment of the said tribunal may be denied, or he may make such other order in that behalf as shall to him seem fair to both sides.
SEC. 334. If the said petition shall be signed by the requisite number of either employers or workmen, and be in proper form, the judge shall forth with cause to be issued a license, authorizing the existence of such a tribunal and containing the names of four persons to compose the tribunal, two of whom shall be workmen and two employers, all residents of said county, and fixing the time and place of the first meeting thereof; and an entry of the license so granted shall be made upon the journal of the district court of the county in which the petition originated.