Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-02-25
NEW LABOR CONTRACT LAW.
Bill as It Passed the General Assen,bI,
LAST Week

Bill as It Passed the General Assembly
Last Week.
Following is the contract labor law
enacted to straighten out the situation
that was tangled up as the result of
Judge Brawley's recent decision.
Section /. That any person who
shall hereafter contract with another
to render him personal service Of any
kind, and shall thereafter fraudulent
his employer, fail or refuse to render
such service as agreed upon, shall be
deemed guilty of q misdemeanor.
Sec. 9. That any person who shall
hereafter contract to receive from
another personal service of any kind,
and to compensate him therefor, and
shall thereafter fraudulently, or with
malicious intent to injure his en-
ployee, fail or refuse to receive such
service, or to make compensation as
agreed upon, shall be deemed guilty
Of misdemeanor.
Sec. 3. That the failure Of either
party to such contract to perform the
obligation assumed by him thereun-
der, without sufficient cause, and to the
injury of the other, shall be prima ia
Gle evidence in prosecutions under
sections l and 2, that he violated such
contract fraudulently and with mali
ciOus intent to injure the other party.
Sec. 4. That any person who shall
hereafter contract with another to
render personal service Of any kind to
him, and shall thereafter fraudulent
ly, or with malicious intent to injure
the employer procure advances In
money or other thing Of value. from
him. with intent not to render the
service agreed upon, and who shall
thereafter, with like intent, fail or re-
fuse to perform the service agreed
upon, shall be deemed guilty Of a mis-
demeanor. Proof Of the fact that the
employees entered into the contract,
procured advances, and failed or re-
used to complete the contract, with
out sufficient cause, to the injury Of
the employer, shall be prima facie
evidence Of the offence herein 6escrib-
ed and declared a misdemeanor.
Sec. 5. That any person who shall
hereafter contract with another to
receive from him personal service Of
any kind, to compensate him there
for, and to make advances to him,
and shall thereafter fraudulently, or
with malicious intent to injure the
employee, receive the benefit of such
service, in whole or in part, and with
like intent fail or refuse to make the
compensation or advances agreed
upon, shall be deemed guilty Of mis-
demeanor. Proof of the fact that the
employer entered into the contract,
received the benefit Of the employees
services, in whole or in part, and failed
to make the compensation agreed
upon, without sufficient cause, to the
injury Of the employee, shall be prima
facie evidence Of the offence herein
described and declared misdemean-
or.
Sec. 6. The contracts referred to in
this act may be either verbal or In
writing; If in writing, they must be
executed with the formalities requir-
ed by section 355, criminal code, A.
D. 1902; If verbal, they must be wit
messed by at least two disinterested
witnesses, not related by blood or
marriage within the sixth degree, to
either party, and the term Of service
contracted for must be for definite
time, not exceeding one year. All
such contracts shall be valid only be-
tween the original parties thereto; and
any attempted transfer or assignment
of any rights hereunder shall be null
and void.
Sec Z. That if either party to any
written contract herein referred to
desires to avail himself Of the bene-
fits of this act against third parties,
he shall cause the same to be indexed
in the office of the register Of mesne
oonveyances or the clerk Of the court
(where the office Of register Of mesne
conveyances does not EXIST Of the
county in which said labor or service
is to be performed, within ten days
from the date of the contract; and
such indexing shall constitute notice
to all third parties. Such index shall
show the names Of the employer and
the laborer the date of the contract
and date Of its termination, and the
location and name Of the place or
places whereon the said service or
labor is to be performed. The clerk
of the court, or the register of mesne
conveyance, as the case may be, shall
endorse his official certificate, and the
date Of filing to be indexed upon every
such contract filed under the pro-
visions of this act and his only zee
for the same shall be five cents for
each contract And the clerks OF
court, or the registers Of mesne con-
veyances, as the case may be, In all
the counties Of the state, shall pro-
vide a book for indexing such con-
tracts, Wnlcn snail pldlllly NC ibpSieu
Index Labor Contracts"
Sec. s. That upon conviction In
court Of competent jurisdiction OF any
person charged with any violation OF
this act, the person so convicted shall
be punished by fine not less than
twenty-five dollars and not exceeding
one hundred dollars, or by imprison-
ment not less than twenty days and
not exceeding thirty days, for each
offence: Provided, That there shall
be no prosecution under this act un-
less the arrest warrant shall be issued
within thirty days from the commits
sion of the offense.
Sec. 8. That this act is not intend
ed and shall not be construed to pro-
tect any of the parties to, or punish
the violation Of, any contract or mat
ter connected Herewith, where the
indurement or consideration of such
contract is money, or other thing OF
value, advanced to or for the EN-.
ployee prior to the commencement OF
service hereunder. All such con-
tracts are hereby prohibited ana de-
clared null and void.