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Penalty.

ered an apprentice, and at the expiration of such three years of such employment shall be subject to the provisions of this act.

Sec. 14. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars or imprisonment in the county jail for a period of not less than thirty days, or by both such fine and imprisonment.

NORTH CAROLINA.

CODE OF 1883.

Right ac crues, when.

CHAPTER 33.-Right of action for injuries causing death. SECTION 1498. Whenever the death of a person is caused by a wrongful act, neglect or default of another, such as would, if the injured party had lived, have entitled him to an action for damages therefor, the person or corporation that would have been so liable, and his or their executors, administrators, collectors or successors, shall be liable to an action for damages, to be brought within one year after such death, by the executor, administrator or collector of the decedent; and this notwithstanding the death, and although the wrongful act, neglect or default, causing the death, amount in law to a felony.

SEC. 1499. The plaintiff in such action may recover such damages as are a fair and just compensation for the pecuniary injury resulting from such death.

Damages.

CHAPTER 49.Liability of stockholders of railroad corporations

for debts due employees.

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Stockholders SECTION 1940. * all the stockholders of any such comliable for wage debts.

pany shall be jointly and severally liable for the debts due or owing to any of its laborers and servants, other than contractors, for personal services for thirty days' service performed for such company, but shall not be liable to an action therefor before an execution shall be returned unsatisfied in whole or in part against the corporation, and the amount due on such executions shall be the amount recoverable with costs against such stockholders; before such laborer or servant shall charge such stockholder for

such thirty days' services he shall give him notice in writing Limitation. within twenty days after the performance of such service that he

intends so to hold him liable and shall commence such action therefor within thirty days after the return of such execution unsatisfied as above mentioned; and every such stockholder, against whom any such recovery by such laborer or servant shall have been had, shall have a right to recover the same of the other stockholders in said corporation in ratable proportion to the amount of the stock they shall respectively hold with himself. CHAPTER 49.Liability of railroad companies for debts of con

tractors for labor.

Laborer may SECTION 1942. As often as any contractor for the construction give notice.

of any part of a railroad which is in progress of construction shall be indebted to any laborer for thirty or less number of days' labor performed in constructing said road, such laborer may give notice of such indebtedness to said company in the manner herein provided, and said company shall thereupon become liable to pay such laborer the amount so due him for such labor, and an action may be maintained against said company therefor. Such notice shall be given by said laborer to said company within twenty days after the performance of the number of days' labor for which the claim is made. Such notice shall be in writing, and shall state the amount and number of days' labor and the time when the labor was performed for which the claim is made, and the name of the contractor from whom due, and shall be signed

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by such laborer, or his attorney, and shall be served on an engi- Service, etc. neer, agent or superintendent employed by said company having charge of the section of the road on which such labor was performed, personally, or by leaving the same at the office or usual place of business of such engineer, agent or superintedent, with some person of suitable age. But no action shall be maintained against any company under the provisions of this section, unless the same is commenced within thirty days after notice is given Limitation. to the company by such laborer as above provided.

A claimant under this section must show a substantial compliance with its terms as regards notice. A laborer who has so complied can assign his claim and his assignee can sue on it. The section does not include payments for materials. 112 N. C. 236.

CHAPTER 49.-Intoxication of railroad employees. SECTION 1972 (as amended by chapter 114, Acts of 1891). If any Intoxication person shall, while in charge of a locomotive engine running upon of engineer,etc. the railroad of any such corporation or while acting as the conductor or brakeman of a car or train of cars on any such railroad, be intoxicated, he shall be guilty of a misdemeanor.

CHAPTER 49.-Sunday labor-Railroads. SECTION 1973 (as amended by chapter 92, Acts of 1885, and char- Running of ter 126, Acts of 1897). No railroad company shall permit the load trains regu. ing or unloading of any freight car on Sunday; nor shall permit any car, train of cars, or locomotive to be run on Sunday on any railroad, except such as may be run for the purpose of transporting the United States mails, and passengers with their baggage, and ordinary express freight in an express car exclusively, and except such as shall be run for the purpose of transporting fruits, vegetables, live stock and perishable freights exclusively: Provided, That the word Sunday in this section shall be construed to

Definition. embrace only that portion of the day between sunrise and sunset; and that trains in transitu, having started on Saturday, may, in order to reach the terminus or shops, run until nine o'clock a. m. on Sunday, but not later, nor for any other purpose than to reach the terminus or shops. And any railroad company violating this section shall be guilty of a misdemeanor in each county in which such car, train of cars or locomotive shall run, or in which any such freight car shall be loaded or unloaded ; and upon conviction shall be fined not less than five hundred dollars for each offense; the fine when collected to be paid to the State treasurer for the use of the public schools,

This section is constitutional. 25 S. E. Rep. 862.

CHAPTER 33.-Enticing employees.

SECTION 3119. If any person shall entice, persuade and procure Procuring any servant by indenture, or any servant who shall have con- violation of tracted in writing or orally to serve his employer, to unlawfully contract, etc. leave the service of his master or employer; or, if any person shall knowingly and unlawfully harbor and detain, in his own service and from the service of his master or employer, any servant who shall unlawfully leave the service of such master or employer; then, in either case, such person and servant may be sued, singly or jointly, by the master, and, on recovery, he shall have judgment Damages. for the actual double value of the damages assessed.

Sec. 3120. In addition to the remedy given in the preceding sec- Penalty. tion against the person and servant violating the preceding section, such person and servant shall also pay a penalty of one hundred dollars to any person suing for the same, singly or jointly, onehalf to his use and the other to the use of the poor of the county where suit is brought, and the offender shall be guilty of a misdemeanor and fined not exceeding one hundred dollars or imprisoned not exceeding six months.

CHAPTER 61.–Sunday labor.

Sunday labor, SECTION 3782. On the Lord's day, commonly called Sunday, no etc., forbidden. trade[s]man, artificer, planter, laborer, or other person, shall, upon

land or water, do or exercise any labor, business or work, of his ordinary calling, works of necessity and charity alone excepted, nor employ himself in hunting, fishing, or fowling, nor use any game, sport or play, upon pain that every person so offending, being of the age of fourteen years and upwards, shall forfeit and pay one dollar.

ACTS OF 1887.

CHAPTER 145.–Licensing of stevedores-Protection of wages of

employees.

Owners to see SECTION 1. In all cases where steamships or steam vessels or that laborers vessels of any kind are loaded or unloaded or where any work is are paid;

done in or about the same by the contractors to do the same known as stevedores or “ boss stevedores,” who in doing the same shall employ laborers to assist or do the work by the hour, day, week or month, it shall be the duty of the owner or owners, agent or agents of the vessel or vessels aforesaid to see that the laborers employed in or about the same by the stevedore, contractor or " boss stevedore” are fully paid the wages that may be due such laborer before he or they shall make final settiement with the

contractor, stevedore or "boss stevedore.” May refuse SEC. 2. The said owner or agent, in order to comply with the to settle;

first section of this act, shall have power to refuse final settlement with the "boss stevedore” or contractor until he or they shall satisfy the said owner or agent, by written oath if necessary, that

the same has been done. May pay off SEC. 3. In order further that the owner or agent may comply orders.

with the provisions of this act it shall be lawful for him or them to pay off from time to time such orders for wages as may due [sic] and given therefor in favor of the laborers by the contractor or stevedore, which on final settlement may be deducted from the

contract price. Liability for SEC. 4. Any owner or agent of the vessel or vessels aforesaid noncompliance. who shall neglect or refuse to comply with the provisions of this

act shall be liable to such laborers in a civil action for the amount of the wages so due him or them by the contractor, stevedore or

“ boss stevedore." False oath by Sec. 5. Any contractor, stevedore or "boss stevedore” who shall stevedore.

make any false oath or false representation with intent to wrong, cheat or defraud any laborer as contemplated in the provisions and purview of this act shall be guilty of a misdemeanor, and on conviction thereof shall be punished as is now prescribed by law

for perjury. License re- SEC. 6 (added by chapter 450, Acts of 1891, amended by chapter quired. 595, Acts of 1899). No person or corporation shall engage in the

business of loading or unloading vessels upon contract, nor shall any person or corporation solicit or make any contract for himself or itself or for any other person to load or unload any vessel or vessels, either by days' work or by the job, without having previously obtained a license from the sheriff in the manner provided by the code,

Any person or corporation violating any of the provisions of this section shall be guilty of a misdemeanor and shall be fined or imprisoned or both at the discretion

of the court. Tax.

Sec. 7 (added by chapter 450, Acts of 1891). Before the sheriff

shall issue the said license the applicant shall pay to the sheriff Bond. an annual tax of fifty dollars, and shall execute a bond with two

or more approved sureties in the sum of two thousand dollars payable to the State of North Carolina, and conditioned for the faithful performance of his duties and the due and lawful pay

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ment of all sums due to laborers assisting in the work of loading or unloading any vessels upon which the applicant may be engaged. And every bond so taken shall be renewed annually, and shall be filed with and preserved by the register of deeds in trust for every person that shall be injured by the breach of his contracts, who may severally bring suit therein for the damages by each one sustained.

ACTS OF 1889.

CHAPTER 280.—Payment of wages-Use of nontransferable scrip

prohibited.

SECTION 1 (as amended by chapter 78, Acts of 1891). It shall be Scrip to be unlawful for any person or persons, firm or corporation, who transferable. employ laborers by the day, week or month, to issue in payment for such labor any ticket or tickets, certificate or certificates or other scrip bearing upon their face the words “nontransferable," or to issue tickets or scrip in any form that would render them void by transfer from the person or persons to whom issued; but all tickets or scrip issued to laborers for labor done shall be paid to the person holding the same [at] their face value by the person or persons, firm or corporation issuing the same.

SEC. 2 (as amended by chapter 456, Acts of 1891). Any person Penalty. or persons, firm or corporation violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than fifty dollars for each offense, or imprisoned not more than thirty days.

This statute does not authorize the assignee of scrip payable in merchandise to demand and receive payment in money. 112 N. C. 164.

ACTS OF 1891.

CHAPTER 45.—Employment of children-Enticement.

SECTION 1. Any person who shall employ and carry beyond the Engaging mi limits of this State any minor, or who shall induce any minor to nor to go out

of State. go beyond the limits of this State for the purpose of employment without the consent in writing, duly authenticated, of the parent, guardian or other person having authority over such minor shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred and not more than one thousand dollars for each offense.

SEC. 2. The fact of the employment and going out of the State Evidence. of the minor, or of the going out of the State by the minor, at the solicitation of the person for the purpose of employment, shall be prima facie evidence of knowledge that the person employed or solicited to go beyond the limits of the State is a minor.

ACTS OF 1893.

CHAPTER 309.-Contract of cmployment with intent to defraud

Minors.

SECTION 1. Whenever any person having a contract with any Fraudulent corporation, company or person for the manufacture or change of employment of

minors. any raw material by the piece or pound shall hire and employ any ininor to assist in said work upon the faith of and by color of said contract and with intent to cheat and defraud said minor, and shall secure the contract price and shall willfully fail to pay said minor when he shall have performed his part of said contract work, whether done by the day or by the job, the person so offending shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days.

ACTS OF 1895.

CHAPTER 127.Payment of wagcs-Scrip, checks, etc., to be paid

in money, etc.

be

Scripto be SECTION 1. All scrips, checks, duebills, or other evidence of debt, payable in issued by any person, company or corporation, as eridence of the money ;

indebtedness of such person, company or corporation, shall be payable in money at the option of the holder of such scrips, checks,

duebills, or such other evidence of indebtedness. Not to SEC. 2. No such scrip, check, Quebill, or other evidence of debt, nontransfer

shall be made nontransferable: Provided, That this act shall not able.

be so construed as to force the payment, in cash, of any order that was issued with the express understanding and agreement that

it was to be paid in something other than cash. Act not to af. SEC. 3. Nothing in this act shall affect the right of set-off and fect set-offs.

counterclaims between the payer and payee. Act construed. Sec. 4. Nothing in this act shall be construed to legalize the

issuing of said scrips, checks, duebills, or other evidence of debts,

Provided, Nothing in this law shall apply to the exchange of products of labor by any benevolent or charitable organization doing business with a view to the relief of the unemployed : Provided, That this act do not apply to Rutherford County.

ACTS OF 1897.

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CAAPTER 251.—Commissioner of labor— Inspection of mines.

[The following sections were enacted as an amendment to chapter 113, Acts of 1887, which is repealed by chapter 373 of the Acts of 1899. The repealing clause mentions only the original act and

this law is presumed to be in force.] Duty or in

SECTION 2. It shall be the duty of the inspector to examine all spector.

the mines in the State as often as possible to see that all the provisions and requirements of this act are strictly observed and carried out; he shall particularly examine the works and machinery belonging to any mine, examine into the state and condition of the mines as to ventilation, circulation and condition of air, drainage and general security; he shall make a record of all examinations of mines, showing the date when made, the conditions in which the mines are found, the extent to which the laws relating to mines and mining are observed or violated, the progress made in the improvements and security of life and health sought to be secured by the provisions of this act, number of accidents, injuries received or deaths in or about the mines, the number of mines in the State, the number of persons employed in or about each mine, together with all such other facts and information of public interest, concerning the condition of mines, development and progress of mining in the State as he may think useful and proper, which record shall be filed in the office of the inspector, and as much thereof as may be of public interest to be included in his annual report. In case of any controversy or disagreement between the inspector and the owner or operator of any mine, or the persons working therein, or in case of conditions of emergencies requiring counsel, the inspector may call on the governor for such assistance and counsel as may be necessary; should the inspector find any of the provisions of this act violated, or not complied with by any owner, lessee or agent in charge, of such neg. lect or violation (sic), and unless the same is within a reasonable time rectified, and the provisions of this act fully complied with, he shall institute an action to compel the compliance therewith. The inspector shall exercise a sound discretion in the enforcement

of this act. For the purpose of making the inspection and examiAccess to nations provided for in this section, the inspector shall have the

right to enter any mine at all reasonable times, by night or by day, but in such manner as shall not necessarily obstruct the

mines.

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