CHAPTER 41.—UNLAWFUL ASSEMBLIES. $518. Three or more persons assembling together to do any unlawful act; agreeing to do unlawful act after being lawfully assembled; movement or preparation to do unlawful act; punishment. 519. Persons assembled proceeding to commit offense; duty of judge, justice of the peace, sheriff, constable, marshal, etc., to make proclamation commanding them to disperse and depart; duty of judge, etc., if persons shall not disperse and de part; officer to call upon persons to assist in taking persons assembled into custody; penalty for refusal to render immediate assistance. $520. Incorporated cities and towns liable for damages from action of mobs; loss of property or injury to life or limb. 521. What may be given in evidence in mitigation of damages in actions under preceding section. PART OF GENERAL STATUTES OF 1868, CH. 31. § 518. Three or more persons assembling together to do any unlawful act; agreeing to do unlawful act after being lawfully assembled; movement or preparation to do unlawful act; punishment. If three or more persons shall assemble together with intent to do any unlawful act with force and violence against the person or property of another, or to do any unlawful act against the peace, or being lawfully assembled, shall agree with each other to do any unlawful act aforesaid, shall make any movement or preparation therefor, the person so offending on conviction thereof shall be fined in the sum not exceeding two hundred dollars. [G. S. 1915, § 3674.] Charivari party used unlawful violence within meaning of statute. Cherryvale v. Hawman, 80 K. 170. Prisoners in city jail effect unlawful assembly. Blakeman v. City of Wichita, 93 K. 444. § 519. Persons assembled proceeding to commit offense; duty of judge, justice of the peace, sheriff, constable, marshal, etc., to make proclamation commanding them to disperse and depart; duty of judge, etc., if persons shall not disperse and depart; officer to call upon persons to assist in taking persons assembled into custody; penalty for refusal to render immediate assistance. When three or more persons shall be assembled as aforesaid and proceed to commit any of the offenses in the preceding section mentioned, it shall be the duty of any judge, justice of the peace, sheriff, constable, marshal, or other peace officer, immediately upon actual view, or as soon as may be on information, to make proclamation in the hearing of such offenders, commanding them in the name of the state of Kansas to disperse and to depart to their several homes or lawful employments; and if upon such proclamation such persons shall not disperse and depart as aforesaid, it shall be the duty of such judge, justice of the peace, sheriff, constable, marshal or other peace officer to call upon persons near, and if necessary throughout the county, to aid and assist in dispersing and taking into custody all persons assembled as aforesaid; and all persons called on as aforesaid, and refusing to render immediate assistance, shall each upon conviction thereof be fined in any sum not exceeding one hundred dollars. [G. S. 1915, § 3675.] GENERAL STATUTES OF 1868, CH. 32. AN ACT providing for the recovery of damages against cities and towns. § 520. Incorporated cities and towns liable for damages from action of mobs; loss of property or injury to life or limb. All incorporated cities and towns shall be liable for all damages that may accrue in consequence of the action of mobs within their corporate limits, whether such damages shall be loss of property or injury to life or limb. [G. S. 1915, § 3822.] City is liable for damages caused by charivari mob. Cherryvale v. Hawman, 80 K. 170. Mob formed by prisoners in city jail; liability of city. Blakeman v. City of Wichita, 93 K. 444. Persons summoned by officer to assist in making arrest may constitute a mob: motive of persons assembled a question of fact. Harvey v. City of Bonner Springs, 102 K. 9. § 521. What may be given in evidence in mitigation of damages in actions under preceding section. In all actions under the preceding section, the character, use or manner of occupancy of the property lost or destroyed, and the reputation and conduct of the person injured, may be given in evidence in mitigation of damages. [G. S. 1915, § 3823.] Exemplary damages allowed only where actual damages proved. Adams v. City of Salina, 58 K. 246. Inability to prevent injury no defense; liable for bodily injuries. 71 K. 600. Influence of keeper's conduct upon mitigation of damages to saloon. 82 K. 179. Iola v. Birnbaum, Stevens v. Anthony, CHAPTER 42.-VAGRANCY. $522. Power of cities of first class to punish persons carrying firearms, etc., cause to be arrested and imprisoned, fined or put to work all vagrants, tramps, confidence men, etc., and other persons without visible means of support. 523. Power of cities of second class to prohibit carrying of firearms, etc., 524. Power of cities of third class to pro- 525. Person found loitering, etc., without visible means of support, or keeper of house of ill-fame, or married man refusing to provide for support of family deemed vagrant; punishment. re $526. Board of county commissioners to make regulations for working of vagrants; constant employment. 527. Person engaged in unlawful calling, loitering without visible means of support in any community, fusing to work when work at fair wages is to be procured, or threatening violence or personal injury to fellow workmen or to employers of labor deemed a vagrant; punishment. 528. Duty of sheriffs, deputies, police officers, etc., to promptly arrest persons described in preceding sec tion and take them before some justice of the peace, city court, or police court; such courts authorized to summarily try such persons and pass sentence upon them. PART OF LAWS OF 1903, CH. 122. § 522. Power of cities of first class to punish persons carrying firearms, etc., cause to be arrested and imprisoned, fined or put to work all vagrants, tramps, confidence men, etc., and other persons without visible means of support. To punish persons for carrying firearms, or other dangerous and deadly weapons, concealed or otherwise, and cause to be arrested and imprisoned, fined or put to work all vagrants, tramps, confidence men, persons found loitering around saloons, gambling houses, houses of prostitution, and all other persons found in the city without visible means of support or some legitimate business. [G. S. 1915, § 1096.] The foregoing section is a part of the act relating to cities of the first class, and a part of the article relating to the powers of the mayor and council of such cities. PART OF LAWS OF 1872, CH. 100. § 523. Power of cities of second class to prohibit carrying of firearms, etc., cause to be arrested and imprisoned, fined or set at work all vagrants or persons without visible means of support. The council may prohibit and punish the carrying of firearms or other deadly weapons, concealed or otherwise, and may arrest and imprison, fine or set at work all vagrants and persons found in said city without visible means of support, or some legitimate business. [G. S. 1915, § 1742.] Judicial construction of right to bear arms. Salina v. Blaksley, 72 K. 230. The foregoing section is a part of the act relating to cities of the second class, and a part of the article relating to the powers of the mayor and council of such cities. PART OF LAWS OF 1871, Cн. 60. § 524. Power of cities of third class to prohibit carrying of firearms, etc., cause to be arrested and imprisoned, fined or set at work all vagrants or persons without visible means of support. The council may prohibit and punish the carrying of firearms or other deadly weapons, concealed or otherwise, and may arrest and imprison, fine, or set at work, all vagrants and persons found in said city without visible means of support, or some legitimate business. [G. S. 1915, § 1939.] The foregoing section is a part of the act relating to cities of the third class, and a part of the article relating to the powers of the mayor and council of such cities. PART OF GENERAL STATUTES OF 1868, CH. 31. § 525. Person found loitering, etc., without visible means of support, or keeper of house of ill-fame, or married man refusing to provide for support of family deemed vagrant; punishment. Any person who may be found loitering around houses of ill-fame, gambling-houses, or places where liquors are sold or drank, without any visible means of support, or shall be the keeper or inmate of any house of ill-fame or gamblinghouse, or engaged in any unlawful calling whatever, or any able-bodied married man who shall neglect or refuse to provide for the support of his family, shall be deemed a vagrant, and upon conviction thereof may be fined in any sum not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year. [G. S. 1915, § 3774.] § 526. Board of county commissioners to make regulations for working of vagrants; constant employment. The board of county commissioners shall make such regulations for the working of vagrants as will keep them as nearly as possible in constant employment. [G. S. 1915, § 3775.] LAWS OF 1917, CH. 167. AN ACT defining vagrancy, and providing punishment therefor. § 527. Person engaged in unlawful calling, loitering without visible means of support in any community, refusing to work when work at fair wages is to be procured, or threatening violence or personal injury to fellow workmen or to employers of labor deemed a vagrant; punishment. Any person engaged in any unlawful calling whatever, or who shall be found loitering without visible means of support in any community, or who, being without visible means of support shall refuse to work when work at fair wages is to be procured in the community, or who shall threaten violence or personal injury to fellow workmen or to employers of labor, shall be deemed a vagrant, and upon conviction thereof shall be fined in any sum not less than one hundred nor more than five hundred dollars, and shall be imprisoned in the county jail for a period not less than thirty days nor more than six months. [Laws 1917, ch. 167, § 1; April 3.] § 528. Duty of sheriffs, deputies, police officers, etc., to promptly arrest persons described in preceding section and take them before some justice of the peace, city court, or police court; such courts authorized to summarily try such persons and pass sentence upon them. It shall be the duty of all sheriffs and their deputies, chiefs of police and police officers, and other commissioned peace officers to promptly arrest all persons described in section 1 of this act as vagrants who may be found in their community and to take them before some justice of the peace, city court or police court in cities of the first, second and third class, which courts are hereby authorized to summarily try such persons upon such charge, and if found guilty to pass sentence upon them as is provided in section 1 of this act. [Laws 1917, ch. 169, § 2; April 3.] "Section 1 of this act," mentioned herein, is § 527, supra. CHAPTER 43.—WAGES, PAYMENT, COLLECTION, ETC. 2. Drawing Check or Draft When no Funds Deposited. 3. Exemption of Wages Earned in Another State. § 536. §§ 537, 538. 5. Insolvency, Wages Preferred. §.539. 6. Resignation or Discharge of Employee, Payment of Wages. §§ 540, 541. 7. Semimonthly Payment by Corporations. §§ 542-544. 8. Time Checks, Due Bills, Script, Orders, etc. §§ 545-548. 9. Time for Bringing Actions for Wages. § 549. 10. Weekly Payment in Lawful Money by Certain Corporations. §§ 550-556. ARTICLE 1.-Claims for Wages, Exemption. $529. Personal property not exempt from attachment or execution for wages of clerk, mechanic, laborer or servant. PART OF GENERAL STATUTES OF 1868, CH. 38. § 529. Personal property not exempt from attachment or execution for wages of clerk, mechanic, laborer or servant. None of the personal property mentioned in this act shall be exempt from attachment or execution for the wages of any clerk, mechanic, laborer or servant. [G. S. 1915, § 4703.] "The personal property mentioned in this act," relates to the personal property mentioned in the general act providing for exemptions to the head of a family and to persons not the head of a family. (G. S. 1915, §§ 4700, 4701.) This section held constitutional and valid. McBride v. Reitz, 19 K. 123. No personal property is exempt from wages of laborer. 26 K. 539. Seymour, Sabin & Co. v. Cooper, State laws have no extraterritorial force. B. & M. R. Rld. Co. v. Thompson, 31 K. 180. ARTICLE 2.-Drawing Check or Draft When no Funds Deposited. $530. Unlawful to draw, make, utter, issue or deliver any check or draft 531. Punishment for violation of preced- more. $532. Application before trial to have action abated; showing to be made to court or judge; discharge of defendant upon paying into court the amount of such check and the costs of said case. 533. 534. Meaning of "credits" as used in this act. Act not apply to where check or draft actually honored by bank. 535. Act not construed as repealing sections of acts specified. LAWS OF 1915, CH. 92, AS AMENDED BY LAWS OF 1917, Cн. 170. AN ACT prohibiting any person, corporation or partnership from drawing, making, uttering, issuing or delivering a check or draft on any bank or depository in which there are no funds deposited with which to pay same when presented, and providing penalties for violation thereof. § 530. Unlawful to draw, make, utter, issue or deliver any check or draft knowing there are no funds or credits with which to pay such check or draft. It shall be unlawful for any person, corporation, or partnership, to draw, make, utter, issue or deliver to another any check or draft on any bank or depository for the payment of money or its equivalent, knowing, at the time of the making, drawing, uttering or delivery of any such check or draft as aforesaid that he has no funds on deposit in or credits with such bank or depository with which to pay such check or draft upon presentation. [G. S. 1915, § 3471.] § 531. Punishment for violation of preceding section when check or draft drawn for less than twenty dollars; punishment when check or draft drawn for twenty dollars or more. That any person, corporation or partnership, willfully violating any of the provisions of section 1 of this act, shall be deemed guilty of a misdemeanor if such check or draft is drawn for less than twenty dollars and upon conviction shall be punished by a fine of not less than twenty-five dollars and not more than one hundred dollars or imprisonment in the county jail for a period of not less than ten days and not more than six months, or by both such fine and imprisonment; if said check or draft shall be drawn for an amount of twenty dollars or more, such person shall be deemed guilty of a felony and upon conviction shall be punished by a fine of not less than one hundred dollars and not more than five thousand dollars, or by imprisonment in the state penitentiary for a period of not less than one year nor more than five years, or by both fine and imprisonment. [G. S. 1915, § 3472, as amended by Laws 1917, ch. 170, § 1; May 26.] § 532. Application before trial to have action abated; showing to be made to court or judge; discharge of defendant upon paying into court the amount of such check and the costs of said case. That in any case where a prosecution is begun under this act, the defendant shall have a right, upon application made for that purpose before trial, to have said action abated by showing to the court or judge that he has had an account in said bank upon which said check or draft was drawn, thirty days next prior to the time said check or draft was delivered and that said check or draft was drawn upon said bank without intent to defraud the party receiving the same, and if the court shall so find, said action shall be abated and the defendant shall be discharged upon paying into court the amount of such check and the costs in said case. [G. S. 1915, § 3473.] ("Credits" defined.) § 533. Meaning of "credits" as used in this act. The word "credits" as used herein shall be construed to be an arrange-` |