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Sec. 5. Said board shall make a biennial report to the governor, Report 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.

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.

Sec. 7. Every person now engaged in the occupation of barber Registration in this State shall, within ninety (90) days after the taking effect without exam

ination. of 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 bim.

SEC. 8. Any person desiring to obtain a certificate of registration Applicants. under this act shall make application to said board therefor and shall pay to the treasurer of said board an examination fee of five Fee. ($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 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 instructions 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 Lereafter provided for, and a certificate of Certificate. 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.




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 "prentices 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 con

spicuous place in front of his working chair. Sunday labor. 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. Violations. 3. Any violations of the provisions herein proposed shall be sub

ject to the penalties prescribed in section 14, Card

SEC. 10. Said board shall furnish to each person to whom a cerposted. tificate 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 ch: where it may readily be seen by all persons whom

he may serve. Register. Sec. 11. Said board shall keep a register in which shall be en

tered names of all persons to whom certificates are issued under this act, and said register shall be at all times open to public

inspection. Revocation of Sec. 12. Said board shall have power to revoke any certificate of certificate. 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) Proviso. contagious or infectious diseases: Provided, That before any cer

tificate 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 satisfac

tory showing that the disqualification has ceased. Definition.

SEC. 13. To share 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. Penalty.

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 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 Who may sue. 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.

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 officers. personally liable for all such bills, claims and demands which shall not be paid within thirty days after the completion of the work.

SEC. 4. Before said contract is entered into, said bond, duly Bond to be 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


SECTION 1. Every railroad company organized or doing business Negligence 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 leg or binding.




Incorporation of societies of mechanics, etc.- Fees.


SECTION 148a. The secretary of state shall hereafter charge and collect the following fees for official services :

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5. For filing the articles of incorporation

of societies 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.

Mine regulations and inspection.


SECTION 290. For the purpose of facilitating an efficient and 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 pertions.

son shall be appointed chief inspector of mines unless be is possessed of a competent knowledge of chemistry, the geology of Ohio, and mineralogy, in so far as those sciences relate to mining, and has a practical knowledge of mining engineering, and the different systems of working and ventilating mines, and the nature and properties of the noxious and poisonous gases of mines, particularly fire damp, and of the best means of preventing and removing the same; and no person shall be appointed district inspector of mines unless he be a practical miner of at least five years' experience, and a resident of the district for which he is appointed, for at least two years, and is possessed of a practical knowledge of the best mode of working and ventilating mines, of the means of detecting the presence of bad or foul air, noxious and poisonous

gases, and of the best means of preventing and removing the same. Additional in

SEC. 290a. Authority is hereby given to appoint two additional spectors.

district inspectors of mines; and they shall be appointed in the same manner and possess the same qualifications and receive the same compensation as the five district inspectors of mines authorized by sec. 290. The term of office of the two district inspectors of mines herein provided for shall be three years and they * * shall be subject to the regulations and requirements of the district inspectors authorized in said sec. 290 *

The chief inspertor of mines shall assign said additional inspectors for service in districts to be designated by him and he is authorized to divide the State in [intol seven districts in each of which one of the district

inspectors of mines shall reside. Bonds. SEC. 291.

the chief inspector and district inspectors shall give bond to the State, the former in the sum of five thou

sand 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 respective districts, 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 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

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may be necessary ; shoulil the district inspector find any of the pro-
visions of this chapter violated, or not complied with, by any owner,
lessee, or agent in charge of any mine, he shall immediately notify
such owner, lessee, or agent in charge, of such neglect or violation,
and unless the same is, within a reasonable time, rectified, and the
provisions of this chapter fully complied with, he shall institute a
prosecution under the provisions of section six thousand eight hun-
dred and seventy-one (6871) of the Revised Statutes. The inspect-
or's shall exercise a sound discretion in the enforcement of the
provisions of this act, and if in any respect (which is not provided
against by, or may result from a rigid enforcement of (,) any ex-
press provisions of this chapter), the inspector find any matter,
thing or practice in or connected with any such mine, to be danger-
ous or defective, so as in his opinion to threaten or tend to the
bodily injury of any person, the inspector may give notice in writ-
ing thereof to the owner, agent or manager of the mine, and shall
state in such notice the particulars in which he considers such
mine, or any part thereof; or any matter, thing of (or) practice to
be dangerous or defective, and require the same to be remedied.
For the purpose of making the inspection and examinations pro-
vided for in this section, the chief inspector and the district inspect-
ors shall have the right to enter any mine at all reasonable times,
by night or by day, but in such manner as shall not unnecessarily
obstruct the working of the mine; and the owner or agent of such
mine is hereby required to furnish the means necessary for such
entry and inspection; the inspection and examination herein pro-
vided for shall extend to fire clay, iron ore, and other mines, as
well as coal mines.
SEC. 293. The chief inspector

shall make such per- Duties of sonal inspection of the mines as he may deem necessary and his chief inspector. other duties will permit; he shall keep in his office and carefully preserve all maps, surveys and other reports and papers required by law to be filed with him, and so arrange and preserve the same as shall make them a permanent record of ready, convenient and connected reference; he shall compile and consolidate the reports of district inspectors, and annually make report to the governor of all his proceedings, as well as those of the district inspectors, the condition and operation of the different mines of the State, and the number of mines and the number of persons employed in or about such mines, the amount of coal, iron ore, limestone, fire clay, or other mineral mined in this State; and for the purpose of enabling him to make such report, the owner, lessee, or agent Operators to in charge of such mine, who is engaged in mining, and the owner, report. lessee or agent of any firm, company or corporation in charge of any fire clay, or iron ore mined [mine) or any limestone, or quarry, or who is engaged in mining or producing any mineral whatsoever in this State, shall, on or before the 31st day of January in every year, send to the office of the chief inspector of mines, upon blanks furnished by him, a correct return specifying with respect to the year ending on the preceding 31st day of December, the quantity of coal, iron ore, fire clay, limestone, or other mineral product in such mine, or quarry, and the number of persons ordinarily employed in or about such mine, or quarry, below and above ground, distinguishing the persons and labor below ground and above ground. Every owner, lessee or agent of a mine or a quarry who fails to comply with this section, or makes any return which to his knowledge is false in any particular, shall be deemed guilty of an offense against this section, and shall be fined one hundred dollars, to be recovered at the suit of the chief inspector in the name of the State of Ohio; * * he shall enumerate all accidents, and the manner in which they orcurred, in or about Accidents,etc.' the mines, and give all such other information as he thinks useful and proper, and make such suggestions as he deems important relative to mines and mining, and any other legislation that may be necessary on the subject for the better preservation of the life and health of those engaged in such industry.

Coal to SEC. 295a. It shall be unlawful for any mine owner, lessee or

weighed before operator of coal mines in this State, employing miners at bushel



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