SEC. 2662. An employer must in all cases indemnify his employee for losses caused by the former's want of ordinary care.

Want of care.

tion.

SEC. 2670. One who, without consideration, undertakes to do a Service withservice for another, is not bound to perform the same, but if he out consideraactually enters upon its performance, he must use at least slight care and diligence therein.

SEC. 2671. One who, by his own special request, induces another Employment to intrust him with the performance of a service, must perform on request. the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time.

SEC. 2672. A gratuitous employee, who accepts a written power Accepting written power of attorney, must act under it so long as it remains in force, or of attorney. until he gives notice to his employer that he will not do so.

SEC. 2673. One who, for a good consideration, agrees to serve an- Service for other, must perform the service, and must use ordinary care and consideration. diligence therein, so long as he is thus employed.

SEC. 2674. One who is employed at his own request to do that Service for which is more for his own advantage than for that of his em- personal advantage. ployer, must use great care and diligence therein to protect the interest of the latter.

Limit of term

SEC. 2675. A contract to render personal service, other than a contract of apprenticeship, ** can not be enforced against of contract. the employee beyond the term of two years from the commencement of service under it; but if the employee voluntarily continues his service under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation.

Obedience to

SEC. 2676. An employee must substantially comply with all the directions of his employer concerning the service on which he is orders. engaged, except where such obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee.

SEC. 2677. An employee must perform his service in conformity Usage of place. to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his employer to do so.

SEC. 2678. An employee is bound to exercise a reasonable degree Degree of skill. of skill, unless his employer has notice, before employing him, of his want of skill.

Same subject.

Acquisitions

SEC. 2679. An employee is always bound to use such skill as he possesses, so far as the same is required, for the service specified. SEC. 2680. Everything which an employee acquires by virtue of his employment, except the compensation, if any, which is due to by employee. him from his employer, belongs to the latter, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment.

SEC. 2681. An employee must, on demand, render to his employer just accounts of all his transactions in the course of his service, as often as may be reasonable, and must, without demand, give prompt notice to his employer of everything which he receives for his account.

Accounts.

until demand.

SEC. 2682. An employee who receives anything on account of Goods receivhis employer, in any capacity other than that of a mere servant, ed may be held is not bound to deliver it to him until demanded, and is not at liberty to send it to him from a distance, without demand, in any mode involving greater risk than its retention by the employee himself.

has

Employer's precedence.

SEC. 2683. An employee who has any business to transact on his own account, similar to that intrusted to him by his employer, business must always give the latter the preference.

SEC. 2684. An employee who is expressly authorized to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal.

Substitutes.

Culpable neg

SEC. 2685. An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused ligence. to the latter; and the employer is liable to him, if the service is

Survivor

ees.

of

not gratuitous, for the value of such services only as are properly rendered.

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 without 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:

Same subject.

Continuance

1. The death of the employer; or,

2. His legal incapacity to contract.

SEC. 2701. Every employment is terminated:

1. By the expiration of its appointed term.

2. By the extinction of its subject.

3. By the death of the employee; or,

4. By his legal incapacity to act as such.

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 at will.

Breach of

SEC. 2703. An employment having no specified term may be terminated at the will of either party, on notice to the other, except where otherwise provided by this title.

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.

Forfeiture of

wages.

SEC. 2705 An employment, even for a specified term, may be terminated 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.

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 services 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 such service remains entirely under the control and direction of the latter, who is called his master. 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 specified term.

Measure

of

Monthly term presumed.

Renewal presumed, when.

Employee's

time.

SEC. 2722. In the absence of any agreement or custom as to the 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.

SEC. 2723. Where, after the expiration of an agreement respecting 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.

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 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.

Discharge for

cause.

Service with

ment.

SEC. 2760. One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession for out employthe purpose of rendering service about it, must complete such service, and use ordinary care, diligence, and reasonable skill about the same. He 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.

Wages to be

SECTION 4514. In all assignments of property made by any person, 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 • actions other than for the recovery of real property, are as follows: 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.

Limitations.

Three years.

Two years.

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, his 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.

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, that 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 to be paid first.

mands in administration.

Wages preferred-In assignments, etc.

SECTION 2150. In all assignments of property made by any person 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 ment of de- each miner, mechanic, salesman, clerk, servant and laborer for 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

etc.

SEC. 2152. In case of executions, attachments and writs of simiin executions, 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 claim, 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, pay 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.

Contested

SEC. 2154. The debtor or creditor intending to dispute any claim 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, he 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 claimthis 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 officer 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.

PENAL CODE.

Protection of employees, etc., as voters.

SECTION 108. The following persons shall be deemed to be guilty Threatening of the offense of "undue influence," 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 voting, 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 employees. "pay envelopes upon which there is written or printed the name of any candidate or political mottoes, devices or arguments containing 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