Punishment of minors. What build escapes. TITLE 3.-Employment of children-Corporal punishment forbidden. SECTION 2620. No boss or other superior in any manufacturing establishment shall inflict corporeal [corporal] punishment upon minor laborers; and the owners of such factory or machine shop shall be directly liable for all such conduct on the part of their employees; and such minor may sue in his own name for damages for such conduct, and the recovery shall be his own property, and not belong to his parents. TITLE 3.-Fire escapes on factories, etc. SECTION 2622. Owners of every building more than two stories in ings to have fire height, not including the basement, used in the third or higher stories, in whole or in part, as factory or workshop, shall provide more than one way of egress from each story of said building, above the second story, by stairways, on the inside or outside of said building, and such stairways shall be, as nearly as may be practicable, at opposite ends of each story, and so constructed that, in case of fire, the ground can be readily reached from the third and higher stories. Stairways on the outside of said buildings shall have suitable railed landings at each story above the first, and shall connect with each of said stories by doors or windows, opening outwardly, and such doors, windows and landings shall Doors to open be kept at all times clear of obstructions. All the main doors of such outwardly. buildings, both inside and outside, shall open outwardly, and each story shall be amply supplied with means for extinguishing fires. Landings. Inspection. - Who to make alterations. Definition. tracts. SEC. 2623. The municipal authorities of the town or city where such building is situated, or the ordinary of the county if the building is situated outside of any town or city, shall require the fire marshal or chief officer of the fire department, and if there is no fire marshal nor chief fireman, then some other suitable official, to examine such buildings at least once a year, and report in writing to said municipal authorities, or said ordinary, that said requirements have or have not been complied with. If not complied with, the municipal authorities or the ordinary, as the case may be, shall notify in writing the owner of such building to provide needful alterations or additions. SEC. 2625. The owners of buildings referred to in this chapter shall make all alterations or additions necessary to comply with the requirements of this chapter. Examinations and reports shall be made during the month of December of each year. TITLE 4.-Employment of labor-General provisions. SECTION 2903. Hiring is a contract by which one person grants to another either the enjoyment of a thing or the use of the labor and industry, either of himself or his servant, during a certain time, for a stipulated compensation, or where one contracts for the labor or services of another about a thing bailed to him for a specified purpose. Hiring extends SEC. 2914. The hire of labor or services is the essence of every bailto what con-ment in which goods are delivered to another, and compensation paid for care, attention or labor bestowed upon them. It includes the contracts of forwarding and commission merchants, factors, wharfingers, mechanics, and all agents in such transactions. Duty of bailee. Title to goods, SEC. 2915. In all such cases, the bailee is not only bound to exercise skill in the labor and work bestowed, but it is a part of the contract that he shall exercise ordinary care and diligence in keeping and protecting the articles intrusted to him. SEC. 2916. In such cases, if the identical article, though materially etc., labored on. changed by the labor bestowed, is to be returned, the title remains in the bailor. If the bailee furnishes a portion of the materials, the title to the entire structure is in the party furnishing the larger portion of the materials. If the bailor furnishes material-such as silver for plate-but the contract does not contemplate the use of that material specially, then the title is in the bailee to the article made, until it is delivered. Goods manu SEC. 2917. If materials are furnished to be manufactured on shares, factured on the title remains in the bailor until the delivery to him of his portion shares. of the manufactured goods. Lien for labor. SEC. 2918. The bailee, for hire of labor and service, is entitled to the Right of pos- SEC. 2919. If the thing bailed for labor and services be destroyed, Destruction of materials used upon it. Contract en SEC. 2920. As a general rule the contract of bailment is an entire contract, and a full performance is a condition precedent to an action tire. upon it. SEC. 3016. When the contract is for a year, and the employer wrong- Wrongful disfully discharges the agent before the end of the year, the agent may charge. either sue immediately for any special injury from the breach of the contract, or, treating the contract as rescinded, may sue for the value of the services rendered, or he may wait till the expiration of the year and sue for and recover his entire wages. SEC. 3017. When an agent has been improperly dismissed before the Computing expiration of his time, earnings which were realized or might have damages. been realized by him up to the end of the term should go in mitiga tion of damages. The discharged employee may (1) sue for the injury for the breach of contract; The measure of damages for wrongful dismission is actual loss to date of trial. TITLE 9.-Right of action for personal injuries and injuries causing death. SECTION 3826. A physical injury done to another gives a right of action, whatever may be the intention of the actor, unless he is justified under some rule of law. The intention should be considered in the assessment of damages. Intention. SEC. 3828. A widow, or, if no widow, a child or children, may Whomay bring A husband can not recover damages for the homicide of his wife. 42 Ga. 332. The widow of an employee suing a railroad for his homicide by a coemployee need not show that it was a crime. 70 Ga. 434. SEC. 3829. The word "homicide," used in the preceding section, shall be held to include all cases where the death of a human being results from a crime or from criminal or other negligence. The plaintiff, whether widow, or child, or children, may recover the full value of the life of the deceased, as shown by the evidence. * * The full value of the life of the deceased, as shown by the evidence, is the full value of the life of the deceased without deduction for neces sary or other personal expenses of the deceased had he lived. Definitions. SEC. 3830. If the plaintiff by ordinary care could have avoided the Negligence. consequences to himself caused by the defendant's negligence, he is not entitled to recover. But in other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained. This section modifies the common law, which was that any contributory negligence of the servant would defeat recovery against the master. 82 Ga. 109. Wages exempt. Injunction not to issue. Exception. Negligence An employee can not recover where the danger is equally obvious to him and his employer. 94 Ga. 535. An inexperienced person, ignorant that machinery was unsafe, was entitled to recover for injury. 88 Ga. 286. An employee injured while obeying orders of superior may recover if it was not a rash and dangerous thing to do. 71 Ga. 406. VOL. II.-CODE OF PRACTICE. TITLE 2.--Exemption of wages from garnishment. SECTION 4732. All journeymen mechanics, and day-laborers, shall be exempt from the process and liabilities of garnishment on their daily, weekly, or monthly wages, whether in the hands of their employers or others. 46 Wages" includes not only per diem wages, but also pay for a laborer at piece or job work. 25 S. E. Rep. 27. Wages have been held to be exempt to forwarding clerk in railroad office. 51 Ga. 576. Also to a farm laborer hired for six months, but with right to call for his earnings from time to time. 71 Ga. 863. The wages of a conductor on a street railway are exempt. 38 S. E. Rep. 41. Also a locomotive engineer's monthly wages. 76 Ga. 335. And the wages of a clerk and bookkeeper in a store. 77 Ga. 306. And the monthly wages of a private secretary and stenographer. 80 Ga. 570. Nor of a superintendent in a factory. 73 Ga. 337. Wages improperly in the hands of a magistrate through garnishment may be recovered by a rule against him. 76 Ga. 98. A general waiver of the benefits of a laborer's exemption in a note is void. 75 Ga.471. TITLE 3.-Contract of employment-Injunction to restrain breach. SECTION 4919. Generally an injunction will not issue to restrain the breach of a contract for personal services, unless they are of a peculiar merit or character, and can not be performed by others. VOL. III. PENAL CODE. DIVISION 4.-Negligence of employees on railroads. SECTION 115. If any person employed in any capacity by any railcausing injury. road company doing business in this State, shall, in the course of such employment, be guilty of negligence, either by omission of duty or by any act of commission, in relation to the matters intrusted to him, or about which he is employed, from which negligence serious bodily injury, but not death, occurs to another, he shall be guilty of criminal negligence, and shall be punished by confinement in the penitentiary not less than one nor more than two years, in the discretion of the court. Penalty. Conspiracy to ment, etc. DIVISION 4.-Interfering with employment, intimidation, etc. SECTION 119. If any two or more persons shall associate themselves prevent employ- together in any society or organization, with intent and for the purpose of preventing, in any manner, any person from apprenticing himself to learn and practice any trade, craft, vocation, or calling, or for the purpose of inducing, by persuasion, threats, fraud, or any other means, any apprentice or apprentices to any such trade, craft, vocation, or calling, to leave the employment of their employer, or for the purpose, by any means, of preventing or deterring any person from learning and practicing any such trade, craft, vocation, or calling, every such person so associating himself in such society or organization shall be guilty of a misdemeanor. Employing la tract. SEC. 121. When the servant, cropper, or farm laborer of another is borer under con- under written contract attested by one or more witnesses, if any person shall employ such servant, cropper, or farm laborer during the term for which he is employed, knowing that he is so employed, and that the term of service has not expired, such person so offending shall be guilty of a misdemeanor. SEC. 122. If any person shall, by offering higher wages or in any Enticing other way, entice, persuade or decoy, or attempt to entice, persuade ployees. or decoy any servant, cropper, or farm laborer, whether under a written or parol contract, after he shall have actually entered the service of his employer, to leave his employer during the term of service, knowing that said servant, cropper or farm laborer was so employed, he shall be guilty of a misdemeanor. em SECTION 123. If any person or persons, by threats, violence, intimi- Making threats, dation or other unlawful means, shall prevent or attempt to prevent etc., against employees. any person or persons in this State from engaging in, remaining in, or performing the business, labor or duties of any lawful employment or occupation, such offender or offenders shall be guilty of a misdemeanor. SEC. 124. If any person or persons, singly or together, or in combination, shall conspire to prevent or attempt to prevent any person or persons, by threats, violence or intimidation, from engaging in, remaining in, or performing the business, labor, or duties of any lawful employment or occupation, such offender or offenders shall be guilty of a misdemeanor. Conspiring to prevent employment. borers. SEC. 125. If any person or persons, singly or by conspiring together, Hindering lashall hinder any person or persons who desire to labor from so doing, or hinder any person, by threats, violence or intimidation, from being employed as laborer or employee, such offender shall be guilty of a misdemeanor. SEC. 126. If any person or persons, by threats, violence, intimida- Hindering emtion or other unlawful means, shall hinder the owner, manager or ployers. proprietor for the time being from controlling, using, operating or working any property in any lawful occupation, or shall by such means hinder such person from hiring or employing laborers or employees, such offender or offenders shall be guilty of a misdemeanor. DIVISION 4.-Seats for female employees. Seats to be pro SECTION 127. All persons and corporations employing females in manufacturing, mechanical or mercantile establishments, must pro- vided. vide suitable seats, and permit their use by such females when not necessarily engaged in the active duties for which they were employed. Any person who shall fail to comply with the requirements of this section and the officers of any corporation which shall fail to comply with said requirements shall be guilty of a misdemeanor. DIVISION 10.-Sunday labor. Running trains, etc., forbidden. SECTION 420 (as amended by act No. 138, page 38, Acts of 1897, and act No. 253, page 88, Acts of 1899). If any freight train, excursion freight train, or other train than the regular trains run for the carrying of the mails or passengers, shall be run on any railroad on the Sabbath day, the superintendent of transportation of such railroad company, or the officer having charge of the business of that department of the railroad, shall be liable to indictment in each county through which such train shall pass, and shall be punished as for a misdemeanor. The foregoing provisions shall not extend to: 1. A train which has one or more cars loaded with live stock, and Exceptions. which is delayed beyond schedule time. Such train shall not be required to lay over on the line of road during Sunday, but may run on to the point where, by due course of shipment or consignment, the next stock pen on the route may be, where such animals may be fed and watered according to the facilities usually afforded for such transportation. 2. A freight train running over a road on Saturday night, if the time of its arrival at destination according to the schedule by which it started on the trip be not later than eight o'clock Sunday morning. 3. Special fruit, melon and vegetable trains, the cars of which contain no other freight except perishable fruits, melons, vegetables, fresh fish, oysters, fresh meats, live stock and other perishable goods of a like character, and which trains shall be loaded and leave the station from which they start in this State before the hour of midnight on Saturday night previous to the Sunday on which they are operated. No company shall be compelled to run the trains mentioned in this paragraph, and all freight trains or cars thus loaded and coming into this State may run to any point of destination in this State, or continue their run through the State on Sunday. 4. To trains on railroads where the line of said railroad begins and ends in another State, and does not run a distance greater than thirty miles through this State. This is a regulation of internal police, and not a regulation of commerce. 90 Ga. 396. SEC. 422. Any person who shall pursue his business, or the work of his ordinary calling, on the Lord's day, works of necessity or charity only excepted, shall be guilty of a misdemeanor. A contract for labor, made on Sunday, and afterwards performed by the laborer, can be enforced. 44 Ga. 541. DIVISION 10.-Employment of minors in barrooms. SECTION 445. If any person keeping or carrying on, either by himself or by another, a barroom, or other place where spirituous liquors are sold by retail to be drunk on the spot, shall employ a minor in such barroom or other place, he shall be guilty of a misdemeanor. DIVISION 10.—Employment of children while parents live in idleness. 7. All persons who are able to work and who do not work, but hire out their minor children and live upon their wages, shall be deemed and considered vagrants; License to be procured. Being absent SECTION 601. Any person who shall solicit or procure emigrants, or shall attempt to do so, without first procuring a license as required by law, shall be guilty of a misdemeanor. This statute is constitutional. 59 Ga. 535. DIVISION 10.-Seamen. SECTION. 649. Any seaman having entered or shipped himself on from vessel, etc. board a vessel within this State, or which shall come to the same, and having signed a contract with the master or commander thereof to proceed upon any voyage therein mentioned, who shall absent himself from such vessel for twenty-four hours without leave of the master or commander, or other chief officer having command of the vessel, or who shall neglect or refuse to perform his duty on board the same, or refuse to proceed on the voyage mentioned in such contract, may be apprehended on warrant from any justice within his jurisdiction upon application being made to him by such master or commander under oath, and upon proof of such absence without leave, or of such neglect or refusal as aforesaid, he may be committed to jail, or other secure place, for any time not exceeding thirty days, or until the sailing of such vessel, and the charge of apprehending, committing and maintaining such seaman during his confinement as aforesaid, shall be paid by the complainant, and by him be deducted out of the wages due, or to be due, such seaman, but no seaman shall be received by the jailer until security shall have been given for the maintenance and jail fees of such seaman. Certificate discharge. etc., without of SEC. 652. If the master or commander of a vessel shall refuse, without just cause, to give on demand, to a seaman whose contract for the performance of a voyage shall be determined, a certificate thereof and of his discharge, such master or commander shall be guilty of a misdemeanor. Employing, SEC. 653. If any master or commander of a vessel, or other person, seamen within this State, shall hire, receive, entertain or ship any seaman belonging to and pretending to be discharged from any vessel, or if cate. certifi |