In executions, etc.

Actions within one year.

rendered within sixty days next preceding the death of the employer not exceeding two hundred dollars, ranks in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate and the allowance to the widow and infant children, and must be paid before any other claims against the estate of the deceased person.

SEC. 2930. In cases of execution, attachment and writs of similar nature, issued against any person, except for claims for labor done, and which are claiming protection under this act, any miners, mechanics, salesmen, servants and laborers who have claims against the defendant for labor done, may give notice of their claims, and the amount thereof, sworn to by the persons making the claim, or some one for them, to the creditor, defendant debtor, or to their agents or attorneys acting for them, and to the officer executing either of such writs, at any time within three days 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 shall be disputed by such debtor or creditor before such sale, such officer shall pay such person out of the proceeds of such sale the amount each is entitled to receive for such services rendered within sixty days next preceding the levy of the writ, not exceeding the sum of two hundred dollars to each; and upon the failure of any such officer to do so, he shall forfeit to the claimant whom he refuses or fails to pay, the amount of his claim to be recovered by civil action at the suit of such claimant, and be responsible therefor on his official bond.

If any of the claims so presented, and claiming preference under this section, are, or shall be disputed, either by the debtor or creditor, or any lien holder, the same must be done in writing before such sale, specifying the reasons for disputing the same, which written statement disputing any claim of lien shall be verified and delivered to the officer before the sale and shall by him be filed in the court in which the action is pending, and the officer shall, out of the first moneys received, pay all claims not disputed: Provided, That if the total amount of all the claims presented exceeds the amount of money in the hands of the officer, derived from such sale, such officer shall pay to the holders of such undisputed claims, their pro rata of such money, and shall pay the pro rata amount of the disputed claims, together with such sum for costs as the court may order into court; and the court or justice shall in the action cite all parties interested by citation to the parties or notice to their attorneys of record; and in a summary manner determine the question of the validity of such disputed claims: Provided, however, Úpon a proper showing either by the judgment debtor, creditor, any lien holder or the officer making the sale the court may determine the validity of all claims of lien and the rights of all parties and order and direct the officer in distributing the proceeds of sale.

TITLE 41.-Right of action for personal injuries, etc.-Limitation.

SECTION 2949 (as amended by act No. 16, Acts of 1903). There shall be commenced and prosecuted within one year after the cause of action shall have accrued, and not afterward, all actions or suits, in court, of the following description:

1. Actions for injuries done to the person of another.

4. An action upon a liability created by statute, other than a penalty or forfeiture.

*

Coercion, etc., by employers.

PENAL CODE.

(Part one.)

TITLE 4.-Protection of employees as voters.

SECTION 42. * *

* It shall be unlawful for any employer, either corporation, association, company, firm or person, in paying its, their or his employees the salary or wages due them, to inclose their pay in

"pay envelopes," upon which there is written or printed any political mottoes, devices or arguments, containing threats, express or implied, intended or calculated to influence the political opinion, views or actions of such employees. Nor shall it be lawful for any employer, either corporation, association, company, firm or person, within ninety days of any election provided by law, to put up or otherwise exhibit in its, their or his factory, workshop, mine, mill, boardinghouse, office or other establishment or place where its, their or his employees may be working or be present in the course of such employment, any handbill, notice or placard containing any threat, notice, or information that in case any particular ticket or candidate shall be elected, work in its, their or his place or establishment will cease in whole or in part, or its, their or his establishment be closed, or the wages of its, their or his workmen be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of its, their or his employees. Any person or persons, or corporation, violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and any person, whether acting in his individual capacity or as an officer or agent of any corporation so guilty of such misdemeanor shall be punished as prescribed in the next section.

Same subject.

SEC. 43. It shall be unlawful for any corporation or any officer or agent of any corporation to influence or attempt to influence by force, violence or restraint, or by inflicting or threatening to inflict any injury, damage, harm or loss, or by discharging from employment or promoting in employment or by intimidation or otherwise in any manner whatever, to induce or compel any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person or persons at any such election. Any such corporation, or any officer or agent of such corporation, violating Penalty. any of the provisions of this section, shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding five thousand dollars.

TITLE 9.-CHAPTER 11.-Negligence of operators of steam boilers.

life.

SECTION 308. Every engineer or other person having charge of any Negligence steam boiler, steam engine or other apparatus for generating or em- endangering ploying steam, used in any manufactory, railway or other mechanical works, who willfully or from ignorance or gross neglect creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler or engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a felony.

TITLE 9.-CHAPTER 11.-Trade-marks of trade unions.

SECTION 314. Whenever any corporation, association, or union of counterfeitworkingmen have adopted or shall hereafter adopt for its or their ing, etc., unlawprotection any label, trade-mark, or form of advertisement announcing ful. that the goods to which such label, trade-mark, or form of advertisement shall be attached were manufactured by it or by a member or members of such union, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark, or form of advertisement. Every person violating this section shall, upon conviction, be Penalty. punished by imprisonment in the county jail for not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or by fine and imprisonment.

Use of counter

SEC. 315. Every person who shall use any counterfeit or imitation of any label, trade-mark, or form of advertisement of any such corpo- feit. ration, union, or association, knowing the same to be counterfeit or imitation, shall be guilty of a misdemeanor, and shall be punished by Penalty. imprisonment in the county jail for a term of not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or by both.

SEC. 316. Every such association, union, or corporation that has Copies to heretofore adopted or shall hereafter adopt a label, trade-mark, or filed. form of advertisement, as aforesaid, shall file the same in the office of

be

Certificate.

Unauthorized

use.

Penalty.

Unauthorized use of name or seal. Penalty.

Negligence causing death.

Penalty.

Intoxication of engineers, etc.

Negligence en

the secretary of the Territory, by leaving two copies, counterparts or facsimiles thereof, with the secretary of the Territory. Said secretary shall deliver to such corporation, association, or union so filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of three dollars; such certificate of record shall in all suits and prosecutions under this act be sufficient proof of the adoption of such label, trade-mark, or form of advertisement, and of the right of said union, corporation, or association to adopt the same.

SEC. 317. Every person who shall use or display the genuine label, trade-mark, or form of advertisement of any such association, corporation, or union in any manner not authorized by such association, corporation, or union shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both.

SEC. 318. Any person or persons who shall in any way use the name or seal of any such association, corporation, or union, or officer thereof, in and about the sale of goods, or otherwise, not being authorized to use the same, shall be guilty of a misdemeanor, punishable by impris onment in the county jail of not less than three months nor more than one year, or by a fine of not less than one hundred dollars nor more than two hundred dollars, or both.

TITLE 10.-Negligence, etc., of employees on railroads.

SECTION 330. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad car, locomotive, or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the Territorial prison for not less than one nor more than ten years.

SEC. 356. Every person who is intoxicated while in charge of a locomotive engine, or while acting as conductor or driver upon any railroad train or car, whether propelled by steam or drawn by horses, or while acting as train dispatcher, or as telegraph operator, receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor.

SEC. 358. Every engineer, conductor, brakeman, switch tender, or dangering life. other officer, agent, or servant of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, or any person or corporation knowingly employing any such person, is guilty of a misdemeanor. TITLE 17.-Payment of wages.

Monthly pay SECTION 615. All corporations or individuals employing men shall day. Lawful money pay wages due their employees at least once a month, in lawful money to be used. of the United States of America, or bank check of even date. Discharged employees.

Eight hours a day's work.

Penalty.

SEC. 616. Whenever an employee quits the service or is discharged therefrom, such employee shall be paid, whatever wages are due him, in lawful money of the United States of America, or by check of even date, on a bank, and said wages shall be paid at once.

SEC. 617. Any person or persons violating any of the provisions of the two preceding sections are guilty of a misdemeanor.

ACTS OF 1903.

ACT No. 8.-Hours of labor in mines.

SECTION 1. The period of employment of workingmen in all underground mines or workings shall be eight hours per day, except in cases of emergency where life or property is in immient [imminent] danger. SEC. 2. Any person, body corporate, agent, manager or employer who shall violate any of the provisions of section 1 of this act shall be guilty of a misdemeanor, and on conviction thereof shall be fined in

the sum of not less than one hundred dollars nor more than three hundred dollars for each offense, the same to be collected as in other cases where fines are imposed.

rest required,

ACT No. 34.-Hours of labor of railroad employees-Number of brakemen. SECTION 1. No company operating a railroad in whole or in part Nine hours' within the Territory of Arizona shall require any conductor, engineer, when. fireman, brakeman, telegraph operator, or any employee who has worked in his respective capacity for sixteen consecutive hours, except in case of casualty, or actual necessity, to again go on duty, or perform any work until he has at least nine hours' rest.

Penalty.

SEC. 2. Any company which violates or permits to be violated any of the provisions of the preceding section or any officer or agent of such company who violates or permits to be violated any of the provisions of the preceding section, shall be punished by a fine of not less than $50 nor more than $300 for each and every violation thereof. SEC. 3. It shall be unlawful for any such company referred to in, Number of section 1 of this act to allow any trains to be run on mountain divisions where the ruling grade is over ninety-five feet to the mile, unless there is a brakeman assigned to ever [every] 600 tons in such train while being handled on such grade.

brakemen.

For each violation of this section, penalty same as named in section 2. Penalty.

ACT No. 58.-Payment of wages in scrip.

Scrip, etc., to

SECTION 1. All persons, firms, corporations and companies using be redeemed. coupons, script [scrip], punchouts, store orders or other evidences of indebtedness to pay their or its laborers or employees for labor, or otherwise, shall, if demanded, redeem the same in the hands of such laborer, employee or bona fide holder, in lawful money of the United States: Provided, The same is presented and redemption demanded of such person, firm, company, or corporation using same as aforesaid, at a regular pay day of such person, firm, company or corporation to laborers or employees or if presented and redemption demanded as aforesaid by such laborers, employees or bona fide holders at any time not less than thirty days from the issuance or delivery of such coupon, script [scrip], punchout, store order or other evidences of indebtedness to such employees, laborers or bona fide holder.

Such redemption to be at the face value of the said script [scrip], punchout, coupon, store order or other evidences of indebtedness. Provided, further, Said face value-shall be in cash, the same as its purchasing power in goods, wares and merchandise at the commissary company store, or other repository of such company store [sic], firm, person or corporation aforesaid.

sue.

SEC. 2. Any employee, laborer or bona fide holder referred to in Holder may Paragraph I of this act upon presentation and demand for redemption of such script [scrip], coupon, punchout, store order or other evidences of indebtedness aforesaid, and upon refusal of such person, firm, corporation or company to redeem the same in good and lawful money of the United States, may maintain in his, her, or their own name an action before any court of competent jurisdiction against such person, firm, corporation or company, using same as aforesaid, for the recovery of the value of such coupon, script [scrip], punchout, store order or other evidences of indebtedness, as defined in Paragraph I of this act.

ARKANSAS.

DIGEST OF 1894.

CHAPTER 1.-Wages preferred—In administration.

SECTION 110. All demands against the estate of any deceased person shall be divided into the following classes:

First. Funeral expenses.

Second. Expenses of the last sickness, wages of servants and demands for medicines and medical attendance during the last sickness

*

Observance of other day.

Provisos.

Trade.

Penalty.

Justification.

Coercion, etc., by employers.

Penalty.

Wages for sixty days exempt. Proviso.

CHAPTER 47.-Wages preferred-In insolvency of corporations. SECTION 1425. No preferences shall be allowed among the creditors of insolvent corporations, except for the wages and salaries of laborers and employees.

SEC. 1426. Any creditor or stockholder of any insolvent corporation may institute proceedings in the chancery court for the winding up of the affairs of such corporations, and upon such application the court shall take charge of all the assets of such corporation and distribute them equally among the creditors after paying the wages and salaries due laborers and employees.

CHAPTER 48.-Sunday labor.

SECTION 1887. 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.

SEC. 1888. Every apprentice or servant compelled to labor on Sunday shall be deemed a separate offense of the master.

ŠEC. 1889. 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. SEC. 1890. 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, No store or saloon shall be kept open or business carried on there on the Christian Sabbath: And, provided, further, No person so observing any other day shall disturb any religious congregation by his avocations or employments.

*

*

SEC. 1891. 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 dollars nor more than one hundred dollars.

SEC. 1892. Charity or necessity on the part of the customer may be shown in justification of the violation of the last preceding section. Keeping open a barber shop on Sunday without performing any labor therein is not a violation of this law. 45 Ark. 347.

CHAPTER 57.-Protection of employees as voters.

SECTION 2656. * * * No person shall coerce, intimidate or unduly influence, any elector to vote for or against the nominee of any political party, or for or against any particular question or candidate by any threat * * *of discharge from employment, * **. Any violation of this section shall be deemed a felony, and on conviction, shall be punished by imprisonment in the penitentiary not less than one year nor more than three years.

CHAPTER 78.-Exemption of wages from garnishment, etc.

SECTION 3717. The time wages of all laborers and mechanics, not exceeding their wages for sixty days, shall hereafter be exempt from seizure by garnishment, or other legal process: Provided, 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.

This section is constitutional. It does not apply to nonresidents. 52 Ark. 91.