chanics, salesmen, servants and laborers who have claims against ue defendant for labor done, may give notice of their claims and the amounts thereof, sworn to by the person making the claim, to the creditor, and the officer executing either of such writs at any time before the actual sale of the property levied on. And such officer shall file such sworn statement with the clerk of the court in which the cause is pending; and unless such claim is disputed by the debtor or a creditor before such sale, such officer must pay such person out of the proceeds of the sale the amount each is entitled to receive for services rendered, within sixty days next preceding the levy of the writ, not exceeding the sum of two hundred dollars. If any or all of the claims so presented, and claiming preference under this section, are disputed, either by a debtor or a creditor, the person presenting the same must commence an action within ten days after notice in writing of such fact served upon him by such disputing debtor or creditor for the recovery thereof, and must prosecute his action with due diligence or be forever barred from any claim of priority of payment thereof, and the officer shall retain possession of so much of the proceeds of the sale as may be necessary to satisfy such claim, until the determination of such action; and in case such judgment be had for the claim, or any part thereof, carrying costs, the cost taxable therein shall likewise be a preferred claim, with the same rank as the original claim. ARKANSAS. CONSTITUTION OF 1874. ARTICLE 9.—Exemption from execution, etc.—Personal property. SECTION 1. The personal property of any resident of this State who is not married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of two hundred dollars in addition to his or her wearing apparel, shall be exempt from seizure on attachment, or sale or execution, or other process from any court issued for the collection of any debt by contract; provided that no property shall be exempt from execution for debts contracted for the purchase money therefor while in the hands of the vendee. SECTION 2. The personal property of any resident of this State who is married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of five hundred dollars in addition to his or her wearing apparel, and that of his or her family, shall be exempt from seizure on attachment, or sale on execution, or other process from any court on debt by contract. ARTICLE 9.-Exemption from executions, etc.—Homesteads. SECTION 3. The homestead of any resident of this State who is married or the head of a family shall not be subject to the lien of any judgment, or decree of any court, or to sale under execution or other process thereon, except such as may be rendered for the purchase money or for specific liens, laborers, or mechanics' liens for improving the same, or for taxes, or against executors, administrators, guardians, receivers, attorneys for moneys collected by them and other trustees of an express trust for moneys due from them in their fiduciary capacity. SECTION 4. The homestead outside of any city, town or village, owned and occupied as a residence, shall consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, to be selected by the owner, provided the same shall not exceed in value the sum of twenty-five hundred dollars, and in no event shall the homestead be reduced to less than eighty acres, without regard to value. SECTION 5. The homestead in any city, town or village, owned and occupied as a residence, shall consist of not exceeding one acre of land, with the improvements thereon, to be selected by the owner, provided the same shall not exceed in value the sum of two thousand five hundred dollars, and in no event shall such homestead be reduced to less than one quarter of an acre of land, without regard to value. SECTION 6. If the owner of a homestead die, leaving a widow, but no children, and said widow has no separate homestead in her own right, the same shall be exempt and the rents and profits thereof shall vest in her during her natural life, provided that if the owner leaves children, one or more, said child or children shall share with said widow and be entitled to half the rents and profits till each of them arrives at twenty-one years of age-each child's right to cease at twenty-one years of age-and the shares to go to the younger children, and then all to go to the widow, and provided that said widow or children may reside on the homestead or not; and in case of the death of the widow all of said homestead shall be vested in the minor children of the testator or int state. SECTION 10. The homestead provided for in this article shall inure to the benefit of the minor children, under the exemptions herein provided, after the decease of the parents. DIGEST OF 1884. CHAPTER 10.-Attachment of vessels for wages. SECTION 395. All boats and vessels, of all descriptions, built, repaired, equipped or running upon any of the navigable waters of this State, shall be liable for contracts of every kind made by the owners, masters or supercargoes of such boats or vessels, for or on account of such boats or vessels. SECTION 397. For all contracts * * * mentioned in this act, such boats or vessels may be sued by name or description, and attached, in the manner now prescribed by law. Act Dec. 7, 1860, secs. 1-3. SECTION 398. Debts due from the owners or proprietors of * * * boats or vessels, for the wages of mariners, boatmen and others employed in the service of said boats or vessels, shall have preference over all other debts and claims and be first paid. SECTION 404. All engineers, pilots, mariners, boatmen and others employed in any capacity in or about such boat or vessel, who may be entitled to arrearages of wages in consequence of such services, may proceed to collect such wages under the provisions of this act, and shall be entitled to all the benefits thereof. CHAPTER 39.-Convict labor. SECTION 1210. Any person who may be convicted of any misdemeanor or petty offense in any of the courts of this State, any who shall be committed to jail in default of the payment of the fines and costs adjudged against him, shall be required to discharge such fines and costs by manual labor in any manual labor work house, or any farm attached thereto, or any road, bridge or other public work in the county where the conviction and committal were had. SECTION 1214. It shall be the duty of the sheriff or constable, immediately after the conviction of any person of any misdemeanor, to proceed at once to hire said person out to some person, company or corporation. * * * X * SECTION 1226. The county court is hereby authorized and empowered to make a contract with some responsible person or persons for the maintenance, safekeeping and working of persons committed to the county jail. * SECTION 1233. It shall be the duty of said contractor to safely keep said prisoners, and he may work the said prisoners on & farm, or at any other lawful labor. * * CHAPTER 45.—Sunday labor. SECTION 1883.-Every person who shall, on the Sabbath or Sunday, be found laboring, or shall compel his apprentice or servant to labor or to perform other services than customary household duties, of daily necessity, comfort or charity, on conviction thereof, shall be fined one dollar for each separate offense. SECTION 1884.-Every apprentice or servant compelled to labor on Sunday shall be deemed a separate offense of the master. SECTION 1885.-The provisions of this act shall not apply to steamboats and other vessels navigating the waters of the State, nor to such manufacturing establishments as require to be kept in continual operation. * * * SECTION 1887.—(As amended by Act No. 33, acts of 1885.) Every person who shall, on Sunday, keep open any store or retail any goods, wares and merchandise, or keep open any dram shop or grocery, shall, on conviction thereof, be fined in any sum not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars. SECTION 1888.-Charity or necessity on the part of the customer may be shown in justification of the violation of the last preceding section. CHAPTER 60.-Exemption from execution, etc.-Personal property. SECTION 2992. The personal property of any resident of this State, who is not married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of two hundred dollars, in addition to his or her wearing apparel, shall be exempt from seizure on attachment, or sale on execution, or other process from any court, is sued for the collection of any debt by contract: Provided, That no property shall be exempt from execution for debts contracted for the purchase money therefor while in the hands of the vendee. SECTION 2993. The personal property of any resident of this State, who is married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of five hundred dollars, in addition to his or her wearing apparel and that of his or her family, shall be exempt from seizure on attachment, or sale on execution, or other process from any court, on debt by contract. CHAPTER 60.-Exemption from execution, etc.-Homesteads. SECTION 2994. The homestead of any resident of this State, who is married or the head of a family, shall not be subject to the lien of any judgment or decree of any court, or to sale under execution, or other process thereon, except such as may be rendered for the purchase money, or for specific liens, laborers' or mechanics' liens for improving the same, or for taxes, or against executors, administrators, guardians, receivers, attorneys, for moneys collected by them, and other trustees of an express trust, for moneys due from them in their fiduciary capacity. SECTION 2995. The homestead, outside any city, town or village, owned and occupied as a residence, shall consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, to be selected by the owner: Provided, The same shall not exceed in value the sum of twenty-five hundred dollars, and in no event shall the homestead be reduced to less than eighty acres, without regard to value. SECTION 2996. The homestead, in any city, town or village, owned and occupied as a residence, shall consist of not exceeding one acre of land, with the improvements thereon, to be selected by the owner: Provided, The same shall not exceed in value the sum of two thousand five hundred dollars, and in no event shall such homestead be reduced to less than one-quarter of an acre of land, without regard to value. * * * CHAPTER 71.-Exemption from garnishment, etc.-Wages. SECTION 3422. The time wages of all laborers and mechanics, not exceeding their wages for sixty days, shall be exempt from seizure by garnishment, or other legal process: Provided, That the defendant in any case shall file with the court from which such process shall issue a sworn statement that said sixty days' wages, claimed to be exempt, is less than the amount exempt to him under the constitution of the State, and that he does not own sufficient other personal property, which, together with the said sixty days' wages, would exceed in amount the limits of said constitutional exemption. CHAPTER 96.-Laborer leaving employer without cause. SECTION 4449. If any laborer shall, without good cause, abandon his employer before the expiration of his contract, he shall be liable to such employer for the full amount of any account he may owe him, and shall forfeit to his employer all wages or share of crop due him, or which might become due him from his employer. CHAPTER 96.-Enticing employés. SECTION 4451. If anyone shall wilfully interfere with, entice away, knowingly employ or induce a laborer or renter who has contracted as herein provided to leave his employer or the place rented before the expiration of his contract, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than twenty nor more than two hundred dollars, and, in addition to such fine, he shall be liable to the employer in double the amount of damages which such employer or landlord may suffer by such abandonment. * * * CHAPTER 104.-Earnings of married women. * * * SECTION 4625. A married woman may perform any labor or services on her sole and separate account; and the earnings of any married woman, from her labor or services, shall be her sole and separate property, and may be used or invested by her in her own name; and she may alone sue or be sued in the courts of this State on account of the said property or services. * * * CHAPTER 118.-Convict labor. SECTION 4871. The governor, secretary of state and attorney-general are hereby constituted a board of commissioners for the management and leasing of the State penitentiary, labor of convicts, machinery, buildings and all other property thereto belonging, for periods of ten years from the expiration of the present lease, as hereinafter provided. SECTION 4878. The said board of commissioners shall, twelve months prior to the expiration of the present or any subsequent lease of the penitentiary, cause notices to be published in the official paper in the city of Little Rock, and one daily paper in each of the cities of St. Louis and Memphis, for at least thirty days, that they will, until a certain day therein named-which day shall be six months after date of publication-receive bids for the leasing of the said penitentiary, buildings, machinery, labor of convicts and all property thereto belonging, for the period of ten years. * * * * * SECTION 4880. On the day designated as the expiration of the time for receiv* * shall * ing bids the governor open all bids received by him for the leasing of said penitentiary, in the presence of said board, and the said board of commissioners shall, * * * give a contract, to the high* * if no bids be received * * and * * * * est and best responsible bidder, * ary * * * * * * * * **the SECTION 4881. Before the State of Arkansas shall be bound by any contract, * said contract shall expressly state and conform to following stipulations, limitations, agreements and provisions, to wit: * * * Third. The lessee or lessees, as hereinbefore provided for, shall not work said convicts for more than ten hours for each working day of the week. SECTION 4884. The said lessee or lessees shall have and exercise entire control of the said penitentiary and the labor of said convicts. * * * SECTION 4892. The convicts, now or hereafter confined in said penitentiary, shall not be worked within the corporate limits of the city of Little Rock, except on public improvements and buildings and grounds owned by the State, nor elsewhere, without the walls of said penitentiary, unless under good and sufficient guard, to prevent the escape of the same, nor longer than ten hours each working day. ACTS OF 1887. ACT No. 11.-Sunday labor. SECTION 1. No person who from religious belief keeps any other day than the first day of the week as the Sabbath shall be required to observe the first day of the week, usually called the Christian Sabbath, and shall not be liable to the penalties enacted against Sabbath breaking: Provided, That no store or saloon shall be kept open or business carried on therein on the Christian Sabbath: And, provided, further, That no person so observing any other day shall disturb any religious congregation by his avocations or employments. ACTS OF 1889. ACT NO. 61.-Employés on railroads to be paid when discharged. SECTION 1. Whenever any railroad company or any company, corporation or person engaged in the business of operating or constructing any railroad or railroad bridge, or any contractor or sub-contractor engaged in the construction of any such road or bridge, shall discharge, with or without cause, or refuse to further employ any servant or employé thereof, the unpaid wages of any such servant or employé, then earned at the contract rate, without abatement or deduction, shall be, and become due and payable on the day of such discharge, or refusal to longer employ; and if the same be not paid on such day then, as a penalty for such nonpayment, the wages of such servant or employé shall continue at the same rate until paid: Provided, Such wages shall not continue more than sixty days, unless an action therefor shall be commenced within that time. SECTION 2. No such servant or employé who secretes or absents himself to avoid payment to him, or refuses to receive the same when fully tendered, shall be entitled to any benefit under this act for such time as he so avoids payment. SECTION 3. Any such servant or employé whose employment is for a definite period of time, and who is discharged without cause before the expiration of such time may, in addition to the penalties prescribed by this act, have an action against any such employer for any damages he may have sustained by reason of such wrongful discharge, and such action may be joined with an action for unpaid wages and penalty. CALIFORNIA. DEERING'S CODES AND STATUTES-1885. VOL. I.-CONSTITUTION. ARTICLE 10.-Convict labor-Contract system prohibited. SECTION 6. After the first day of January, eighteen hundred and eighty-two, the labor of convicts shall not be let out by contract to any person, copartnership, company, or corporation, and the legislature shall, by law, provide for the working of convicts for the benefit of the State. ARTICLE 17.-Exemption from execution, etc. SECTION 1. The legislature shall protect, by law, from forced sale a certain portion of the homestead and other property of all heads of families. ARTICLE 19.-Employment, etc., of Chinese. SECTION 2. No corporation now existing or hereafter formed under the laws of this State shall, after the adoption of this constitution, employ, directly or indirectly, in any capacity, any Chinese or Mongolian * * * [Note.-The above section, and sections 178 and 179 of the Penal Code, which were enacted to give it effect, were adjudged by the circuit court of the United States to be in conflict with the treaty of the United Sta es with China and to be therefore void. See "In re Tiburcio Parrot, 5 Pac. C. L. J., supplement."] SECTION 3. No Chinese shall be employed on any State, county, municipal, or other public work, except in punishment for crime. SECTION 4. The presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the State, and the legislature shall discourage their immigration by all the means within its power. Asiatic coolieism is a form of human slavery, and is forever prohibited in this State, and all contracts for coolie labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be subject to such penalties as the legislature may prescribe. The legislatu e shall delegate all necessary power to the incorporated cities and towns of this State for the removal of Chinese without the limits of such cities and towns, or for their location within prescribed portions of those limits, and it shall also provide the necessary legislati n to prohibit the introduction into this State of Chinese after the adoption of this constitution. This section shall be enforced by appropriate legislation. ARTICLE 20.-Mechanics' liens. SECTION 15. Mechanics, material men, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the legislature shall provide, by law, for the speedy and efficient enforcement of such liens. ARTICLE 20.-Hours of labor on public work. SECTION 17. Eight hours shall constitute a legal day's work on all public work. ARTICLE 20.-Sex no disqualification from pursuing labor. SECTION 18. No person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation, or profession. VOL. I.-POLITICAL CODE. Trade-marks of trade unions, etc. (Page 471.) SECTION 3200 (added by chap. 150, acts of 1887). Any trade union, labor associati n, or labor organization. organized and existing in this State, whether incorporated or not, may adopt and use a trade-mark and affix the same to any goods made, produced, or manufactured by the members of such trade union, H. Rep. 19605 |