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agency shall also enter into a register the name and address of every person for whom help or servants are secured. Such register shall at all reasonable hours be open to the inspection and examination of the Department of Labor, and a copy of such register shall be filed with the Department of Labor not later than the 10th day of each calendar month.

Sec. 7. Receipts-forms-contents.-Every licensed agency shall issue a receipt to each person securing employment or help showing the occupation, name and address of the applicant, and the amount of the fee charged for procuring the position and such receipt shall also show the wages to be paid to said person securing employment, together with the name and address of the employer and the name of the agency issuing such receipts; also the nature of the employment offered and if a strike or lockout is known to exist the fact shall be stated.

Said receipt shall be made upon forms prescribed by the Department of Labor and the third copy to be retained by the agency issuing same. The carbon copy of each and every receipt issued shall be mailed to the Department of Labor as prescribed in Section 6.

Sec. 8. Registration fee.-A registration fee not to exceed two ($2.00) dollars may be charged by such licensed agency when such agency shall be at actual expense in advertising such individual applicant, or in looking up the references of such applicant. In all such cases a complete record of such references shall be kept on file, which record shall, during all business hours, be opened for the inspection of the Department of Labor, and upon demand shall be subject to inspection and examination by the applicant. For such registration fee a receipt shall be given to said applicant for help or employment, giving name of such applicant, date of payment and character of position or help applied for. Said registration fee shall be returned to said applicants on demand, after thirty (30) days and within sixty (60) days from date of receipt, less the amount that has been actually expended by said licensed agency for said applicant, and an itemized account of such expenditures shall be presented to said applicant on request at the time of returning the unused portion of such registration fee, provided no position has been furnished by said licensed agency to and accepted by said applicant.

No licensee shall, as a condition to registering or obtaining employment for such applicant, require such applicant to subscribe to any publication or exact other fees, compensation or reward, other than the registration fee aforesaid, and a further fee, the amount of which shall be agreed upon between such applicant and the licensee, to be payable at such time as may be agreed upon in writing, but the further fee aforesaid shall not be received by such licensee before the applicant has been tendered a position by said licensed person. In the event that the position so tendered is not accepted by or given such applicant, the licensee shall refund all fees requested by said applicant, other than the registration fees aforesaid within three (3) days after demand is made therefor. No licensee shall send out any applicant for employment without having obtained a bona fide order therefor, and if it shall appear that no employment of the kind applied for existed at the place where said applicant was directed, said licensee shall refund to such applicant within five (5) days after demand, any sum paid by such applicant for transportation in going to and returning from said place and all fees paid by said applicant.

In addition to the receipt herein provided to be given for registration fees, it shall be the duty of the licensee to give to every applicant for employment from whom other fee or fees shall be received, an additional receipt, in which shall be stated the name of such applicant, the date and amount of such other fees; and to every applicant for help from whom other fee or fees shall be received, an additional receipt, stating the name and address of said applicant, the date and amount of such other fee or fees, and the kind of help to be provided. All receipts shall have printed on the back thereof, in the English language, the name and address of the Secretary of Labor.

Every such licensee shall give to every applicant for employment, a card or printed paper containing the name of the applicant, the name and address of such employment agency, and the written name and address of the person to whom the applicant is sent for employment.

If an employe furnished fails to remain one week in a situation, through no fault of the employer, then all fees paid or

pledged, in excess of the registration fee aforesaid, shall be refunded to the employer upon demand.

If the employment furnished the applicant does not continue more than one week, through no fault of the employe, then all fees paid or pledged, in excess of the registration fee aforesaid, shall be refunded to the employe upon demand.

Sec. 9. Fees when refunded.-The fee for procuring employment or help in all cases shall be clearly set out in the receipt as provided in Section 7. The receipt shall plainly show the amount of the fee and all commissions and expenses or compensations whatsoever to such licensed agency for procuring employment or help. In case the person paying such fee fails to obtain the employment specified and such failure shall not be the fault of such applicant for employment, such licensed agency shall repay the same to such person upon demand being made therefor; provided that in cases where the person seeking employment is sent beyond the limits of the city in which such employment agency operates, such licensed agency shall repay in addition to the above the actual expenses incurred by reason of failure to receive employment, in all cases when it shall appear that the employment agency made false representations.

Sec. 10. Division of fees with employer-penalty.-Any licensed agency, or agent thereof, who shall be guilty of dividing fees with any agent, superintendent, manager, foreman or other employee of any person, company, corporation or association, for whom employes are furnished, shall be guilty of a misdemeanor and shall be fined not less than fifty ($50.00) dollars or be imprisoned in the county jail for a period not exceeding three (3) months at the discretion of the court.

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Sec. 11. Unlawful acts.-No agency shall knowingly send or cause to be sent any female help or servant to any place of bad repute, house of ill fame, or assignation house, or to any house or place of amusement kept for immoral purposes. such licensed agency shall publish or cause to be published any false information, make any false promise concerning or relat ing to work or employment to any one who shall register for employment and no licensed agency shall make any false entries in the register to be kept as herein provided.

Sec. 12. Violation-penalty.-Any person convicted of a violation of the provisions of this section not otherwise specifically provided for, shall be guilty of a misdemeanor and shall be fined not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars for each offense or be imprisoned in the county jail for a period not to exceed three months or both such fine and imprisonment at the discretion of the court; provided, that any person or persons who shall send any female help or servant to any place of bad repute, house of ill fame or assignation house, or to any house or place of amusement kept for immoral purposes, shall be punished by imprisonment for not less than thirty days nor more than three months, and the license shall be permanently cancelled.

Sec. 13. Employment defined.-The term employment or work, whenever used in this division, shall be construed to mean manual or mechanical labor, clerical, domestic or professional service.

Sec. 14. Employment agents defined.-Any person, firm or corporation who, for hire or with a view to profit, shall undertake to secure employment for help or through the medium of cards, circulars or pamphlets of any nature whatsoever, or through the display of a sign or bulletin, offer to secure employment or help or give information as to where employment or help shall be secured, shall be deemed a private employment agency and shall be subject to the provisions of this division.

TITLE V.

DEPARTMENT OF TRADE AND COMMERCE

ARTICLE I.

GENERAL POWERS

Section 1. Department of trade and commerce-general powers. The governor, through the agency of the secretary of trade and commerce created by this act, is hereby vested with

the power to regulate, supervise, and shall have general control over trade and commerce of the state and in addition to such general powers herein conferred, he is hereby vested with the power and charged with the duty of enforcing, through the agency of the secretary of trade and commerce created by this act, all of the provisions contained in this title and all provisions which may be hereafter enacted as amendatory thereof.

The department of trade and commerce shall collect, collate, assort, systematize and report statistical details of the manufacturing industries and commerce of the state and shall acquire information and report upon the general conditions so far as production is concerned of the leading industries of the state.

ARTICLE II.

INSURANCE.

Section 1. (3137) "Insurance" defined.-Within the intent of this article, the business of apportioning and distributing losses arising from specified causes, among all those who apply and are accepted to receive the benefits of such service is public in character, and requires that all those having to do with it shall at all times be actuated by good faith in everything pertaining thereto; shall abstain from deceptive or misleading practices, and shall keep, observe and practice the principles of law and equity in all matters pertaining to such business. Upon the insurer, the insured and their representatives shall rest the burden of maintaining proper practices in said business.

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"Insurance" is a contract whereby one party called the "insurer", for a consideration undertakes to pay money or its equivalent, or to do an act valuable to another party called the "insured" or to his "beneficiary" upon the happening of the hazard or peril insured against, whereby the party insured or his beneficiary suffers loss or injury. (1913 p. 393.)

Sec. 2. (3138) Terms defined.-The terms "company", "corporation" or "insurance company", or "insurance corporation", in this article, unless the context otherwise requires, includes all corporations, associations, partnerships or individuals engaged as insurers in the business of insurance.

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