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not gratuitous, for the value of such services only as are properly
rendered. Survivor SEC. 2686. Where service is to be rendered by two or more perjoint employ- sons jointly, and one of them dies, the survivor must act alone, if
the service to be rendered is such as he can rightly perform with
out the aid of the deceased person, but not otherwise. Termination SEC. 2700. Every employment in which the power of the emof employment. ployee is not coupled with an interest in its subject is terminated
by notice to him of:
1. The death of the employer; or,
2. His legal incapacity to contract.
1. By the expiration of its appointed term.
4. By his legal incapacity to act as such. Continuance Sec. 2702. An employee, unless the term of his service has exafter death of pired, or unless he has a right to discontinue it at any time withemployer.
out notice, must continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor must compensate the employee for such service according to the terms of the contract
of employment. Termination SEC. 2703. An employment having no specified term may be terat will minated at the will of either party, on notice to the other, except
.where otherwise provided by this title. Breach of SEC. 2704. An employment, even for a specified term, may be terduty by em- minated at any time by the employer, in case of any willful breach ployee;
of duty by the employee in the course of his employment, or in case of his habitual neglect of his duty or continued incapacity to
perform it. By employer. SEC. 2705 An employment, even for a specified term, may be ter
minated by the employee at any time, in case of any willful or permanent breach of the obligations of his employer to him as an
employee. Forfeiture of SEC. 2706. An employee, dismissed by his employer for good
cause, is not entitled to any compensation for services rendered since the last day upon which a payment became due to him under
the contract. Proportionate SEC. 2707. An employee who quits the service of his employer for compensation.
good cause is entitled to such proportion of the compensation which would become due in case of full performance as the seryices which he has already rendered bear to the services which he
was to render as full performance. Definition. Sec. 2720. A servant is one who is employed to render personal
service to his employer, otherwise than in the pursuit of an independent calling, and who in sucli service remains entirely under
the control and direction of the latter, who is called his master. Measure of SEC. 2721. A servant is presumed to have been hired for such term of service. length of time as the parties adopt for the estimation of wages.
A hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate, for one day; a hiring by piecework, for no speci
fied term. Monthly term SEC. 2722. In the absence of any agreement or custom as to the presumed.
term of service, the time of payment, or rate or value of wages, a servant is presumed to be hired by the month, at a monthly rate
of reasonable wages, to be paid when the service is performed. Renewal pre
SEC. 2723. Where, after the expiration of an agreement respectsumed, when. ing the wages and the term of service, the parties continue the
relation of master and servant, they are presumed to have renewed
the agreement for the same wages and term of service. Employee's Sec. 2724. The entire time of a domestic servant belongs to the
master; and the time of other servants to such extent as is usual Ten hours a in the business in which they serve, not exceeding in any case ten day's work.
hours in the day.
Sec. 2725. A servant must deliver to his master, as soon as with Delivery of reasonable diligence he can find him, everything that he receives goods, etc. for his account, without demand ; but he is not bound without orders from his master, to send anything to him through another person.
SEC. 2726. A master may discharge any servant, other than an Discharge for apprentice, whether engaged for a fixed term or not:
1. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same; or,
2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of misconduct, before or after the commencement of his service, of such a nature that if the master had known or contemplated it, he would not have so employed him.
SEC. 2760. One who officiously, and without the consent of the Service withreal or apparent owner of a thing, takes it into his possession for out employthe purpose of rendering service about it, must complete such ment. service, and use ordinary care, diligence, and reasonable skill about the same. Ile is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses, incurred by him about such service from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue.
Wages preferred—In assignments, etc. SECTION 4514. In all assignments of property made by any per- Wages to be son, association, corporation, copartnership, chartered company or paid first. corporation, to trustees or assignees on account of inability of the assignor or assignors at the time of the assignment to pay his or their debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, servants, clerks or laborers employed by such assignor or assignors for services rendered within sixty days immediately previous to such assignment, not to exceed two hundred dollars for each person, are preferred claims, and must be paid by such trustees or assignees before any other creditor or creditors of such assignor.
CODE OF CIVIL PROCEDURE.
Right of action for injuries, etc. SECTION 510. The periods prescribed for the commencement of • Limitations. actions other than for the recovery of real property, are as follows:
Three years. Sec. 514 (as amended by chapter 128, Acts of 1903). Within three years.
2. An action to recover damages for the death of one caused by the wrongful act or neglect of another.
Sec. 524 (as amended by chapter 128, Acts of 1903). Within two years :
1. An action upon a liability created by statute other than a penalty or forfeiture.
Sec. 578. A father, or in case of his death or desertion of his Injuries to family, the mother may maintain an action for the injury or death minors. of a minor child, and a guardian for the injury or death of his ward, when such injury or death is caused by the wrongful act or neglect of another. Such action may be maintained against the person causing the injury or death, or if such person be employed by another person who is responsible for his conduct, also against such other person.
Sec. 579. When the death of one person, not being a minor, is Right of accaused by the wrongful act or neglect of another, bis heirs or per- tion for death. sonal representatives may maintain an action for damages against
the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section such damages may be given as under all the circumstances of the case may be just.
Eremption of wages from erecution.
there shall be exempt [from exe('1earnings ex- tion] the following property: empt, when.
7. The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or attachment, when it appears by the debtor's affidavit, or otherwise, thať such earnings are necessary for the use of his family residing in this State, supported in whole or in part by his labor; but where debts are incurred by any such person, or his wife or family, for the common necessaries of life; the onehalf of such earnings above mentioned are, nevertheless, subject to execution, garnishment or attachment to satisfy debts so incurred. The words “his family," as used herein, are to be construed with the words "head of a family” used in section 1694, of the Civil Code.
Wages preferred-In assignments, etc.
Wages to be
SECTION 2150. In all assignments of property made by any perpaid first.
son to trustees or assignees on account of the inability of the person, at the time of the assignment, to pay his debts, or in proceedings of insolvency, the wages of the miners, mechanics, salesmen, servants, clerks, or the laborers employed by such persons, to the amount of two hundred dollars each and for services rendered within sixty days previously, are preferred claims, and must be paid by such trustees or assignees before any other creditor or
creditors of the assignor. Order of pay- Sec. 2151. In case of the death of any employer the wages of mands in ad each miner, mechanic, salesman, clerk, servant and laborer for ministration. services rendered within sixty days next preceding the death of
the employer, not exceeding two hundred dollars, rank in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate, and the allowances to the widow and infant children, and must be paid
before other claims against the estate of the deceased person. Wage claims SEC. 2152. In case of executions, attachments and writs of simiexecutions,
lar nature, issued against any person, except for claims for labor done, any miners, mechanics, salesmen, servants, clerks, or laborers who have claims against the defendant for labor done, may give notice of their claims and the amount thereof, sworn to by the person making the claimi, to the parties plaintiff and defendant to the action in which such execution, attachment or other writ has been issued, and upon the officer executing the same. Service of notice herein required may be made upon the officer charged with the execution of such writ in one or more cases that may be pending against such person, who shall forthwith serve such notice and claim, by copy, upon the said parties, plaintiff, and defendant, if found in the county where such action is pending, or upon their respective attorneys employed in such case or
cases pending. Service of Sec. 2153. The officer serving said notice and claim shall forthnotice, pa y, with, after such service of the same, make return thereof, showing ment, etc.
such service, where and how made. Service may be made in any case at any time before the actual sale of the property levied upon in such pending action, and unless such claim is disputed by the debtor or a creditor or party plaintiff, such officer must pay such person out of the proceeds of the sale the amount he is entitled to receive for services rendered within the sixty days next preceding the levy of the writ, not exceeding two hundred dollars. If any or all of the claims so presented, and claiming preference under this chapter, are disputed by either the debtor or a creditor, the person presenting the same must commence an action within ten days after notice of such dispute is served upon such claimant, as provided for in the next section, for the recovery thereof; and the officer must retain possession of so much of the proceeds of the sale as may be necessary to satisfy such claim and costs until the final determination of such action; and in case judgment be had, the costs are a preferred claim, which may include a reasonable attorney's fee.
Sec. 2154. The debtor or creditor intending to dispute any claim (ontested presented under the provisions of the last section shall, within claims. ten days after receiving notice of such claim, serve upon the claimant and officer holding such execution, attachment or other writ, a statement in writing, verified by the oath of the debtor or person disputing such claim for services, setting forth that no part of said claim, not exceeding a sum specified, is justly due from the debtor to the claimant for services rendered within the sixty days next preceding the levy of the execution, attachment or other writ, as the case may be. If the claimant bring suit on a claim which is disputed in part only, and fail to recover a sum exceeding that which was admitted to be due, le shall not recover costs, but costs shall be adjudged against him; and where such claimant fails to bring suit upon his claim, which is disputed in part only, he shall be deemed to have waived that portion of his claim disputed.
SEC. 2155. Persons having the preferred claims mentioned in Liens of claim. this chapter, are entitled to a lien upon the property attached or ants. levied upon, and if said claims are not disputed, or if a judgment is recovered for the same, the oflicer must pay such claims out of the property, and the original action can not be dismissed without the consent of the owners of such preferred claims.
Sec. 2156. Nothing in this chapter shall be construed so as to Act construed. affect any lien, incumbrance or mortgage held by any creditor of such employer prior to said sixty days.
Protection of employees, etc., as voters.
SECTION 108. The following persons shall be deemed to be guilty Threatening of the offense of “undue intluence," and shall be punishable ac- discharge, etc. cordingly by a penalty of not less than two hundred dollars, nor more than five thousand dollars, and by imprisonment for not to exceed two years in the penitentiary: 1. Every person who, directly or indirectly, by himself, or by any other person on his behalf, makes use of, or threatens to make use of any force, violence or restraint, or inflicts or threatens the infliction by himself or by or through any other person, of any injury, damage, harm or loss of employment, position, trade, influence, or in any manner practices intimidation upon, or against any person, in order to induce or compel such person to register or vote or refrain from registering or voting, or on account of such person having voted or refrained from roting, at any election.
SEC. 109. It shall be unlawful for any employer, in paying his Attempting to employees the salary or wages due them, to enclose their pay in influence em“ pay envelopes " upon which there is written or printed the name
ployees. of any candidate or political mottoes, devices or arguments (ontaining threats or promise, express or implied, calculated or intended to influence the political opinions or actions of such employees Nor shall it be lawful for an employer, within ninety days of an election, to put up or otherwise exhibit in his factory, workshop, or other establishment or place where his workmen or employees may be working, any handbill or placard containing
any threat or promise, notice or information, that in case any particular ticket or [of] a political party, or organization, or candidate, shall be elected, work in his place or establishment will cease, in whole or in part, or shall be continued or increased, or his place or establishment be closed up, or the salaries or wages of his workmen or employees be reduced or increased, or other
threats, or promises, express or implied, intended or calculated to Penalty.
influence the political opinions or actions of his workmen or employees. This section shall apply to corporations as well as individuals, and any person violating the provisions of this section is guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, and imprisonment not exceeding six months in the county jail, and any corporation violating this section shall be punished by fine not to exceed five thousand dollars, or forfeit its charter, or both such fine and forfeiture.
Antitrust act-Labor organizations erempt. Agreements of SECTION 325. The provisions of this chapter do not apply to any workingmen ex arrangement, agreement or combination between laborers made empt.
with the object of lessening the number of hours of labor or increasing wages, nor to persons engaged in horticulture or agriculture, with a view of enhancing the price of their products.
Employment of children-Certain employments forbidden.
Acrobatic SECTION 472. Any person, whether as parent, relative, guardian, and mendicant employer or otherwise, having in his care, custody or control any occupations.
child under the age of sixteen years, who shall sell, apprentice, give away, let out or otherwise dispose of any such child to any person, under any name, title or pretense, for the vocation, use, occupation, calling, service, or purpose of singing, playing on musical instruments, ropewalking, dancing, begging or peddling in any public street or highway, or in any mendicant or wandering business whatever, and any person who shall take, receive, hire, employ, use or have in custody any child for such purposes, or
either of them, is guilty of a misdemeanor. Employment SEC. 474. Every personówho receives or employs any child under in mines.
fourteen years of age in any underground works or mine, or in any similar business, is punishable by a fine not exceeding one thousand dollars.
Shops to be SECTION 531. It is unlawful to conduct the business of hair cutclosed on Sun- ting, shaving or shampooing, or to open barber shops for the doing day.
of such business, on Sunday. Penalty. SEC. 532. Any person violating the provisions of this act is
guilty of a misdemeanor and upon conviction thereof shall be fined for the first offense, not less than fifteen dollars and not to exceed fifty dollars and for any subsequent violation, a fine not less than twenty-five dollars and not exceeding one hundred dollars shall be imposed.
Negligence of operators of steam boilers, etc.
Negligence en- SECTION 632. Every engineer or other person having charge of dangering hu- any steam boiler, steam engine, or other apparatus for generating man life.
or employing steam, used in any manufactory, steamboat, railway, mining, milling 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. License re- SEC. 633. Every person who operates any steam boiler or steam quired.
engine without first obtaining a license from the poiler inspector or assistant boiler inspector, as required by law, is punishable by