Penalty. Limit of ten hours. Barbers to have certificate. Board of examiners. Organization. Compensa tion. thereon or therein, or to intimidate others from engaging to work * 串 * CHAPTER 71.-Employment of women and children-Hours of labor. SECTION 7666. Every owner, stockholder, overseer, employer, clerk or foreman, of any manufactory, workshop or other place used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceeding one hundred and not less than ten dollars. ACTS OF 1901. CHAPTER 30.-Examination and licensing of barbers. SECTION 1. It shall be unlawful for any person to follow the occupation of barber in this State unless he shall have first obtained a certificate of registration as provided in this act: Provided, however, That nothing in this act contained shall apply to or affect any person who is now actually engaged in such occupation, except as hereinafter provided. SEC. 2. A board of examiners to consist of three (3) persons is hereby created to carry out the purposes and enforce the provisions of this act. Said board shall be appointed by the governor, and each person appointed to act on said board must be a practical barber, who has been practicing his profession in the State of North Dakota for the past five (5) years. Each member of the board shall serve for a term of two (2) years and until his successor is appointed and qualified, except in the case of the first board, whose members shall serve one (1), two (2) and three (3) years respectively, as specified in their appointment. Each member of said board shall give a bond of five thousand ($5,000) dollars with sureties to be approved by the secretary of state, conditioned for the faithful performance of his duties, and shall take the oath provided by law for public officers. Vacancies on said board caused by death, resignation or expiration of the term of any member thereof, shall be filled by appointment from the same class of persons to which the deceased or retiring member belonged. SEC. 3. Said board shall elect a president, secretary and treasurer, and shall have its headquarters at the State capitol; shall have a common seal, and the secretary and president shall have power to administer oaths. SEC. 4. Each member of said board shall receive a compensation of three ($3) dollars per day for actual service and ten (10) cents per mile for each mile actually traveled in attending the meeting of said board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board: Provided. That the said compensation and mileage shall in no event be paid out of the State treasury. SEC. 5. Said board shall make a biennial report to the governor, which report shall contain a full statement of its receipts, and disbursements of the board of the preceding two (2) years, also a full statement of its doings and proceedings and such recommendations as to it may seem proper looking to the better carrying out of the intents and purposes of this act, which report shall not be printed except at the expense of the fund herein provided for. Report. Any moneys in the hands of the treasurer of the said board at the time of making such report shall be kept by him for the future maintenance of the board and to be disbursed by him upon warrants signed by the president and secretary of the said board. SEC. 6. Said board shall hold public examinations at least four Examinations. (4) times in each year in at least four (4) different cities in this State, at such times and places as it may determine, notice of such meetings to be given by a publication thereof at least ten (10) days before such meetings, in a newspaper published in the county where such meeting is to be held. Registration ination. SEC. 7. Every person now engaged in the occupation of barber in this State shall, within ninety (90) days after the taking effect without examof this act, file with the secretary of said board an affidavit setting forth his name, residence and length of time during which, and the place where he has practiced such occupation, and shall pay the treasurer of said board two ($2) dollars and a certificate of registration entitling him to practice said occupation shall thereupon be issued to him. SEC. 8. Any person desiring to obtain a certificate of registration under this act shall make application to said board therefor and shall pay to the treasurer of said board an examination fee of five ($5) dollars, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board, shall proceed to examine such persons, under such rules and regulations as may be by said board prescribed, which rules and regulations, shall require that said applicant shall present Fee. Applicants. Fee. to said board a certificate from some reputable physician desig- Qualifications. nated by said board to the effect that said applicant is free from any contagious or infectious disease, and being satisfied that he is above the age of nineteen (19) years, of good moral character, free from contagious or infectious diseases, has either (a) studied the trade for three years as an apprentice under a qualified and practicing barber or (b) studied the trade for at least three years in a properly appointed and conducted barber school under the instruc tions of a competent barber, or (c) practiced the trade in another State for at least three (3) years, and is possessed of the requisite skill in said trade to properly perform all the duties thereof, including his ability in the preparation of tools, shaving, hair cutting, and all the duties and services incident thereto, and is possessed of sufficient knowledge concerning the common diseases of the face and skin to avoid the aggravation and spreading thereof in the practice of said trade; his name shall be entered by the board in the register hereafter provided for, and a certificate of registration shall be issued to him, authorizing him to practice said trade in this State: Provided; That whenever it appears that applicant has acquired his knowledge of said trade in a barber school, the board shall be judges of whether said barber school, is properly appointed and conducted and competent to give sufficient training in such trade. All persons making application for examination under the provisions of this act shall be allowed to practice the occupation of barbering until the next regular meeting of said board. Certificates of registration provided for in this act, shall be valid for one year from the date thereof, but shall be renewed by said board upon application within thirty days after the expiration thereof and the payment of one dollar to the treasurer of said board, which application shall be accompanied by a certificate from a physician approved by said board, stating that said applicant is free from contagious or infectious diseases. Certificate. Apprentices. SEC. 9 (as amended by chapter 38, Acts of 1903). Nothing in this act shall prohibit any person from serving as an apprentice in said trade under a barber authorized to practice same under this act, nor from serving as a student in any school for the teaching of such trade under the instruction of a qualified barber: Provided, That in shops where there are two or more barbers there shall not be more than one apprentice to two barbers authorized under this act to practice said occupation: Provided, further, That all persons serving as aprentices shall within ninety days after the taking effect of this act file with the secretary of said board an affidavit setting forth his name, residence, and the length of time and place he has practiced as such apprentice, and shall pay the treasurer of said board two dollars, and a certificate of registration entitling him to practice as a barber's apprentice shall thereupon be issued to him, which certificate shall be kept posted in a conspicuous place in front of his working chair. Sunday labor. Violations. Card to posted. Register. be Revocation of certificate. Proviso. Definition. Penalty. 2. It shall be unlawful for any registered barber or barber's apprentice to practice the occupation of a barber as defined under the act regulating the practice of barbering, upon Sunday: Provided, That nothing in this act shall prevent or prohibit a barber from shaving or otherwise preparing the dead for burial on Sunday. 3. Any violations of the provisions herein proposed shall be subject to the penalties prescribed in section 14, * * * SEC. 10. Said board shall furnish to each person to whom a certificate of registration is issued a card or insignia bearing the seal of the board and a signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in this State, for a period of one year from the date thereof, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair, where it may readily be seen by all persons whom he may serve. SEC. 11. Said board shall keep a register in which shall be entered names of all persons to whom certificates are issued under this act, and said register shall be at all times open to public inspection. SEC. 12. Said board shall have power to revoke any certificate of registration granted by it under this act, for (a) conviction of crime, (b) habitual drunkenness for six (6) months, immediately preceding the time of receiving notice of a charge thereof duly made, as hereinafter provided, (c) gross incompetency, or (d) contagious or infectious diseases: Provided, That before any certificate shall be revoked the holder thereof shall have notice in writing of the charge or charges against him, and shall at a day specified in said notice, at least (5) five days after the service thereof, be given a public hearing and full opportunity to produce testimony in his behalf and to confront the witnesses against him. Any persons [person] whose certificate has been so revoked may, after the expiration of ninety (90) days, apply to have the same regranted and the same shall be regranted to him upon a satisfactory showing that the disqualification has ceased. SEC. 13. To shave or trim the beard or cut the hair of any person for hire or reward received by the person performing such service, or any other person shall be construed as practicing the occupation of barber within the meaning of this act. SEC. 14. Any person practicing the occupation of barber without having obtained a certificate of registration, as provided by this act, or willfully employing a barber who has not such certificate. or falsely pretending to be qualified to practice such occupation under this act, or violation of [violating] any of the provisions of this act, is guilty of a misdemeanor, and, upon conviction thereof. shall be punished by a fine of not less than ten ($10) dollars or more than one hundred ($100) dollars, or by imprisonment in the county jail not less than ten (10) days or more than ninety (90) days. CHAPTER 133.-Security for wages of employees on public works— Contractors' bonds. SECTION 1. It shall be the duty of every public officer or board Bond to be authorized to enter into a contract for the erection, repair, altera- required. tion or betterment of any public building or any other public improvements before entering into any such contract, to take from the contractor a good and sufficient bond for an amount at least equal to the price stated in the contract, condition to be void if the contractor and all subcontractors shall pay all bills and claims on account of labor or materials furnished in and about the performance of said contract, including all demands of subcontractors, said bond to stand as security for all such bills, claims and demands until the same are fully paid. The obligee in said bond shall be the State of North Dakota; but any person having any lawful claim against the contractor, or any subcontractor, on account of labor or materials, or both, furnished in and about the performance of said contract, may institute an action to recover the same in his own name upon said bond, in the same manner and with like effect as though the said bond were made payable to him. Who may sue. officers. SEC. 2. Any officer and the members of any board who shall fail Liability to take such a bond before entering into such a contract shall be personally liable for all such bills, claims and demands which shall not be paid within thirty days after the completion of the work. Bond to be SEC. 4. Before said contract is entered into, said bond, duly signed and acknowledged, with the proper affidavits of justifica- filed. tion attached thereto, shall be filed in the office of the clerk of the district court of the county in which such contract is to be performed, and approved by said clerk, to be kept as one of the permanent records of the office. ACTS OF 1903. CHAPTER 131.-Liability of railroad companies for injuries to employees. Negligence SECTION 1. Every railroad company organized or doing business in this State shall be liable for all damages done to any employee of coemployees. of such company, in consequence of any negligence of its agents, or by any mismanagement of its engineers, or other employees, to any person sustaining such damage; and no contract which restricts such liability shall be legal or binding. OHIO. BATES' ANNOTATED STATUTES-THIRD EDITION. PART I.-POLITICAL. Incorporation of societies of mechanics, etc.-Fees. SECTION 148a. The secretary of state shall hereafter charge and collect the following fees for official services: or associations composed exclusively of any class of mechanics, express, telegraph, railroad or other employees, formed for the mutual protection and relief of the members thereof and their families exclusively, two dollars. Fees. SECTION 290. For the purpose of facilitating an efficient and Inspectors. thorough inspection of mines in Ohio, and to provide an adequate inspecting force therefor; the governor shall appoint, by and with the consent of the senate, one chief inspector, who, with the approval of the governor, shall appoint five district inspectors of mines; the chief inspector shall hold his office for the term of four years, and the district inspectors shall hold their office for the term of three years, from the date of their appointment, and until Qualifica- their successors are appointed and qualified; No per tions. Additional inspectors. Bonds. son shall be appointed chief inspector of mines unless he is pos- SEC. 291. * * the chief inspector and district inspectors shall give bond to the State, the former in the sum of five thousand dollars, and the latter in the sum of two thousand dollars Acting as each, the inspectors, while in office, shall not act agent, etc. as agent, manager, or mining engineer for any operator, or in any way be interested in operating any mine. Duties. ** * SEC. 292. The chief inspector and district inspectors shall give their whole time and attention to the duties of their offices, respectively; it shall be the duty of the district inspectors to examine all the mines in their respective districts as often as possible, to see that all the provisions and requirements of this chapter are strictly observed and carried out; they 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; they shall make a record of all examinations of mines in their respective districts. showing the date when made, the condition 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 improvement and security of life and health sought to be secured by the provisions of this chapter, number of accidents, injuries received, or deaths in or about the mines, the number of mines in their respec tive districts, the number of persons employed in or about each mine, together with all such other facts and information of publie interest concerning the condition of mines, development and progress of mining in their respective districts as they may think useful and proper, which record shall, on or before the first Monday of every month, be filed in the office of the chief inspector, to be by him recorded, and so much thereof as may be of public interest, to be included in his annual report; in case of any controversy or disagreement between a district inspector and the owner and [or] operator of any mine, or the persons working therein, or in case of conditions of emergencies requiring counsel, the district inspector may call on the chief inspector for such assistance and counsel as |