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which shall be filed in the office of the county clerk of the county where the principal business of such association is to be trans. acted ; and from the time of such filing in the office of said county clerk the association shall be complete, and shall have and exer
cise all the powers for which it was formed. By-laws. SEC. 4. Every association formed under this act must, within
forty days after it shall so become an association, adopt a code of by-laws for the government and management of the association, not inconsistent with this act. A majority of all the associates shall be necessary to the adoption of such by-laws, and the same must be written in a book, and subscribed by the members adopting the same; and the same can not be amended or modified except by the vote of a majority of all the members, after notice of the
proposed amendment shall be given, as the by-laws may proExpelled vide. * * An expelled or refused member shall have a members. right to have a board of arbitration consisting of three persons,
one selected by the board of directors, one by the expelled or refused member and a third by the other two, appraise his interest in the association in either money, property, or labor, as the director shall deem best, and to have the money, property, or labor so awarded him paid or delivered, or performed within forty
days after expulsion or refusal; * * * Records. SEC. 5. The by-laws and all amendments must be recorded in a
book and kept in the office of the association, and a copy, certified by the directors, must be filed in the office of the county clerk,
where the principal business is transacted. Property sub- SEC. 6. The property of such association shall be subject to judgject to judg. ment and execution for the lawful debts of the association. The ment.
interest of a member in such association, if sold upon execution, or any judicial or governmental order whatever, can not authorize the purchaser to have any right, except to succeed, as a member in the association, with the consent of the directors, to the rights of the member whose interest is thus sold. If the directors shall choose to pay or settle the matter, as provided in case of refused members, after such sale, they may either cancel the membership, and add the interest thus sold to the assets or common property of the association, or reissue the share or right to a new member
upon proper payment therefor, as the directors may determine. Change of SEC. 7. The purpose of the business may be altered, changed, business, modified, enlarged or diminished, or the articles of association amendments, etc.
amended, by a vote of two-thirds of all the members, at a special election to be called for such purpose, of which notice must be given the same as the by-laws shall provide for election of direct
Upon amendment of its articles of association, a copy of its amended articles as amended, shall be duly filed with the secre
tary of state, and a certified copy filed with the county clerk. Distribution SEC. 8. The by-laws shall provide for the time and manner in of profits. which profits shall be divided between the members, and what pro
portion of the profits, if any, shall be added to the common property or funds of the association. But the by-laws may provide that the directors may suspend or pass the payment of any such
profit, or installment of earnings, at their discretion. Powers. SEC. 9. Every association formed under this act shall have
power of succession by its associate name for fifty years; to, in such name, sue and be sued in any court; to make and use a common seal, and alter the same at pleasure; to receive by gift, devise, or purchase, hold, and convey real and personal property, as the purposes of the association may require; to appoint such subordinate agents or officers as the business may require : to admit associates or members, and to sell or forfeit their interest in the association for default of installments, or dues, or work, or labor required, as provided by the by-laws: to enter into any and all lawful contracts or obligations essential to the transaction of its affairs, for the purpose for which it was formed, and to borrow money, and issue all such notes, bills, or evidence of indebtedness or mortgage as its by-laws may provide for; to trade, barter, buy, sell, exchange, and to do all other things proper to be done for
the purpose of carrying into effect the objects for which the association is formed.
SEC. 10. Any association formed or consolidated under this act Dissolution. may be dissolved and its affairs wound up voluntarily by the written request of two-thirds of the members. Such request shall be addressed to the directors, and shall specify reasons why the winding up of the affairs of the association is deemed advisable, and shall name three persons who are members to act in liquidation and in winding up the affairs of the association, a majority of whom shall thereupon have full power to do all things necessary to liquidation; and upon the filing of such request with the directors, and a copy thereof in the office of the county clerk of the county where the principal business is transacted, all power of the directors shall cease and the persons appointed shall proceed to wind up the association, and realize upon its assets, and pay its debts, and divide the residue of its money among the members, share and share alike, within a time to be named in said written request, or such further time as may be granted them by two-thirds of the members, in writing, filed in the office of said county clerk; and upon the completion of such liquidation the said association shall be deemed dissolved. No receiver of any such association or of any property thereof, or of any right therein, can be appointed by any court, upon the application of any member, save after due process of law.
SEC. 11. Any member may upon or subsequent to becoming a Succession. member nominate upon his application, or otherwise file with the secretary of any corporation incorporated under this act, and of which he is a member, the person whom he desires shall succeed to his membership and interests in said corporation upon his death; and upon proof of said member's death being made, according to the by-laws and to the satisfaction of said corporation's board of directors, said deceased member's membership and interests in said cooperative corporation shall by the said secretary be transferred to the person or persons so nominated, with the consent of the board of directors, without letters of administration. And in case said board of directors do not consent to said nominee becoming a member, then said corporation shall, within ninety days after proof, pay said nominee the amount which the deceased member has paid on said membership, together with the amount of his other interests in said corporation.
SEC. 12. This act being passed to promote association for mutual Application of welfare, the words “lawful business” shall extend to every kind law. of lawful effort for business, education, industrial, benevolent, social, or political purposes, whether conducted for profit or not, and this act shall not be strictly construed, but its provisions must at all times be liberally construed, with a view to effect its object and to promote its purposes.
ACTS OF 1903.
CHAPTER 10.-Hours of labor in mines and smelters.
SECTION 1. The period of employment of working men in all under- Eight hours ground mines or workings shall be eight (8) hours per day, except a day's work in cases of emergency where life or property is in imminent in mines ; danger.
SEC. 2. The period of employment of working men in smelters smelters, and in all other institutions for the reduction or refining of ores etc. or metals shall be eight (8) hours per day, except in cases of emergency where life or property is in imminent danger.
SEC. 3. Any person who violates either of the preceding sections Violation. of this act or any person, corporation, employer or his or its agent, who hires, contracts with, or causes any person to work in an underground mine or other underground workings, or in a smelter or any other institution or place for the reduction or refining of ores or metals for a period of time longer than eight (8) hours during one day unless life and property shall be in immi
nent danger shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars, nor more than five hundred ($500) dollars, or imprisonment in the county jail not more than six months, or by both such fine and imprisonment.
This act is constitutional. 75 Pac. Rep. 1.
CHAPTER 13.-Inspection of factories-Safety appliances.
Set screws to SECTION 1. It shall be unlawful for any person, company or corbe counter
poration, after the first day of July, nineteen hundred and three, sunk.
to construct or place any shaft or shafting with collars, sleeves or pulleys over two feet in diameter attached or secured to such shaft by set screws projecting above the hub of such collars, sleeves or pulleys. In all such cases where set screws are used, the heads thereof shall be countersunk below the surface of the
hub of the collar, sleeve or pulley in which they are placed. Penalty. SEC. 2. Any person or corporation who shall, after the first day
of July, 1903, tail or refuse to comply with the requirements of this act, when constructing or changing any machinery, shall be guilty of a misdemeanor, and upon conviction thereof sball be
fined not less than one hundred nor more than five hundred dollars. Liability. Sec. 3. Nothing contained in this act, shall be so construed as
to prevent recovery in a suit for damages, for injuries sustained by the party so injured or his heirs or administrators.
CHAPTER 37.—Hours of labor on public works.
Eight hours SECTION 1. On public works, all works or undertakings carried a day's work. on or aided by the State, county or municipal governments, eight
hours shall constitute a day's labor. Violation. SEC. 2. Any violation of the provisions of this act shall cause a
forfeiture to the contractor or contractors of any contract on such public, State, county or municipal government work and a further penalty of a fine of fifty ($50) dollars for each and every man so employed : Provided, Nothing in this act shall be so construed as to prevent the preservation or protection of public property in case of emergency.
CHAPTER 84.--Forced contributions from employees-Hospital
Fees not to be SECTION 1. It is hereby made unlawful for any person or persons, collected, when. contractor or contractors, firm, company, corporation, or associa
tion, or the managing agent of any person or persons, contractor or contractors, firn), company, corporation, or association to collect, demand, force, compel, or require, either 'monthly, annually, or for any other period of time, any sum of money for hospital fees from any person or laborer at any place in this State where no convenient, comfortable, and well-equipped hospital is maintained at some town or place for the accommodation, relief and treatment
of persons in his or their employ, and from whom hospital fees Proviso. are collected: Provided, That any person or persons, contractor
or contractors, firin, company, corporation, or association, or the managing agent of same, may care for or cause to be cared fur, any person in his or their employ, from whom hospital fees are collected, at any private or public hospital, sanitarium, or other convenient and comfortable place, without expense to the person or patient from whom hospital fees are collected : And prorided further. The distance and facilities for the comfort and conveyance of any patient come within the intent and meaning of section
two of this act. Definitions. SEC. 2. For the purposes of this act, the words “ town or place,"
mentioned in section one of this act, shall be construed to me:in any town, headquarters, or place, at which town, headquarters, or place, and tributary places, sufficient hospital fees are collected to maintain a hospital in keeping with the hospital fees collected; and the words " distance and facilities for the comfort and conveyance of any patient,” mentioned in section one of this act, shall be construed to mean the nearest hospital, and most comfortable means of conveyance at hand, or that can be procured in a reasonable time: Provided, That if at the nearest hospital the proper medical treatment cannot be secured, then it shall not be a misdemeanor to take any person or patient a greater distance or to another hospital:
SEC. 3. Any person or persons violating the provisions of this Violation. act shall, upon conviction thereof, be fined in any súm not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jall for a period of not less than one hundred days nor more than two hundred and fifty days, or by both such fine and imprisonment.
CHAPTER 88.-Wages a preferred claim-In insolvency, etc., of
SECTION 86. Whenever any corporation fornied under the provi- Two months' sions of this (general corporation) act and prior acts shall become wages a prior
lien. insolvent or be dissolved in any way, or for any cause, the employees doing labor or service of whatever character in the regular employ of such corporation, shall have a lien upon the assets thereof for the amount of wages due to them, not exceeding two months' wages respectively, which shall be paid prior to any other debt or debts of said corporation ; but the word "employees shall not be construed to include any of the officers of such corporation.
CHAPTER 106.—Protection of employees as voters.
Section 2. Any remuneration or reward or promise of remunera- Bribery. tion or reward, whether it be in the form of a money gift or payment, release of debt, payment of board, lodging or transportation, the furnishing of food or clothing, the promise or giving of employment, the increasing or maintaining of wages,
* * either for the voter or any other person,
either before or after the election, for the purpose and with the object of inducing a voter or voters,
to vote for or against any candidate or measure, or to refrain from voting for or against the same, shall be deemed and considered bribery.
Sec. 7. Any person who attempts to influence the vote of his Influencing employee by directly or indirectly threatening such employee voters. with loss of employment or by intimating that such employee will lose his employment if he votes or fails to vote for a certain candidate or candidates, measure or measures, or that the success of à certain party or candidate will jeopardize his employment, shall be deemed guilty of intimidation, and upou conviction he shall be punished as berein prescribed for the crime of bribery.
CHAPTER 111.-Protection of employees as members of labor
SECTION 1. It shall be unlawful for any person, firm or corpora- Preventing tion to make or enter into any agreement, either oral or in writing, employees from by the terms of which any employee of such person, firm or corporation, or any person about to enter the employ of such person, firm or corporation, as a condition for continuing or obtaining such employment, shall promise or agree not to become or continue a member of a labor organization, or shall promise or agree to become or continue a member of a labor organization.
Sec. 2. Any person or persons, firm or firms, corporation or cor- Penalty, porations, violating the provisions of section 1 of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than fifty or more than three hundred dollars, or be imprisoned in the county jail for a period
of not less than twenty-five days or more than five months, or by both such fine and imprisonment.
CHAPTER 124.—Coercion of employees in trading, etc.
('oercion SECTION 1. Any person or persons, employer, company, corporato trading or tion or association, or the managing agent of any person or persons, boarding.
employer, company, corporation or association, doing or conducting business in this State, who by coercion, intimidation, threats or undue influence, compels or induces his or her evployees to trade at any particular store, or board at any particular boarding house, in this state, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall be fined in any sum not less than fifty (50) dollars nor more than two hundred (200) dollars, or by imprisonnient in the county Jail for a period of not less than thirty (30) days, nor more than one hundred (100) days, or by both such fine and imprisonment.
PUBLIC STATUTES OF 1891.
CHAPTER 92.-Employment of children-School attendance.
SECTION 17 (as amended by chapter 70, Acts of 1899). Truant 'cers.
officers shall, under the direction of the school board, enforce the laws and regulations relating to truants and children between the ages of eight and sixteen years not attending school and without any regular and lawful occupation, and the laws relating to the attendance at school of children between the ages of eight and
sixteen years. Duties as to Sec. 18 (as amended by chapter 70, Acts of 1899). Truant children at
officers shall, if required by the school board, enforce the laws work.
prohibiting the employment of children in manufacturing, mechanical, or mercantile establishments who have not attended school the prescribed time; and for this purpose, they may, when so authorized and required by vote of the school board, visit the manufacturing, mechanical, and mercantile establishments in their respective cities and towns, and ascertain whether any children under the age of sixteen are employed therein contrary to the provisions of law, and they shall report any cases of such illegal employment to the school board; and the truant officers, when authorized as aforesaid, may demand the names of all children under sixteen years of age employed in such manufacturing, mechanical, and mercantile establishments, and may require that the certificates and lists of such children provided for by law shall be produced for their inspection, Truant officers shall inquire into the employment, otherwise than in such manufacturing, mechanical, and mercantile establishments, of children under the age of sixteen years, during the hours when the public schools are in session, and may require that the certificates of all children under sixteen shall be produced for their inspection; and any such officer may bring a prosecution against a person or corporation employing any such child, otherwise than as aforesaid, during the hours when the public schools are in session, contrary to the provisions of law. A refusal or failure on the part of an employer of children under sixteen years of age to produce the certificate required by law, when requested by a truant officer, shall be prima facie evidence of the illegal employment of the child whose certificate is not produced. Truant officers shall have authority without a warrant to take and place in school any children found employed contrary to the laws relating to the employment of children, or violating the laws relating to the compulsory attendance at school of children between the ages of six and sixteen years.