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TITLE 11.-Eremption of wages from attachment, etc.
SECTION 6118. The wages of laborers, mechanics, and clerks who Sixty days are heads of families, in the hands of those by whom such labor- wages exempt,
when. ers, mechanics, or clerks may be employed, both before and after such wages shall be due, shall be exempt from the operation of attachment, execution, and garnishee process : Provided, That not Provisos more than sixty days' wages shall be exempt: Provided further, That nothing in this act shall be so construed as to protect the wages of persons who have or are about abscond or leave the State from the provisions of law now in force upon that subject : Prorided further, That nothing in this act shall be so construed as to permit the attachment of sixty days' wages in the hands of the employer.
An exemption granted in another State by the laws of that State will continue in this State in case of an action brought here. The exemption of laborers' wages extends to nonresidents. 19 Nebr. 181, 182.
A laborer may maintain an action against a creditor to recover wages wrongfully garnisheed. 17 Nebr. 206.
TITLE 14.-Eremption of wages—Unlawful assignment of claims.
SECTION 6120. It is hereby declared unlawful for any creditor What assignof, or other holder of any evidence of debt, book account, or claim ments unlawof any name or nature against any laborer, servant, clerk, or other employee of any corporation, firm, or individual, in this State, for the purpose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill, or debt of any name or nature whatever, to any person or persons, firm, corporation, or institution, or to institute in this State or elsewhere, or prosecute any suit or action for any such claim or debt against any such laborer, servant, clerk, or employee by any process seeking to seize, attach, or garnish the wages of such person or persons earned within sixty days prior to the commencement of such proceeding, for the purpose of avoiding the effect of the laws of the State of Nebraska concerning exemptions.
SEC, 6121. It is hereby declared unlawful for any person or per- Alding. sons to aid, assist, abet, or counsel a violation of section one of this act [sec. 6120] for any purpose whatever.
SEC. 6122. In any proceeding, civil or criminal, growing out of a Evidence. breach of sections one or two of this act (secs. 6120, 6121], proof of the institution of a suit, or service of garnishment summons by any persons, firm, or individual, in any court of any State or Territory other than this State or in this State to seize by process of garnishment or otherwise, any of the wages of such persons as defined in section one of this act [sec. 6120], shall be deemed prima facie evidence of an evasion of the laws of the State of Nebraska and a breach of the provisions of this act on the part of the creditor or resident in Nebraska causing the same to be done.
SEC. 6123. Any persons, firm, company, corporation, or business Penalty. institution guilty of a violation of sections one or two of this act [secs. 6120, 6121) shall be liable to the party injured through such violation of this act, for the amount of the debt sold, assigned, transferred, garnished, or sued upon, with all costs and expenses and a reasonable attorney's fee, to be recovered in any court of competent jurisdiction in this state; and shall further be liable by prosecution to punishment by a fine not exceeding the sum of two hundred dollars and costs of prosecution.
This aet is constitutional. 39 Nebr. 679.
One who assigns a claim contrary to the provisions of this statute is liable to the debtor for the amount so appropriated without his consent, 37 Nebr. 267.
PART III.-CRIMINAL CODE.
CHAPTER 23.–Sunday labor.
And if any person of the age of four- Sunday labor teen years or upward shall be found on the first day of the week, forbidden,
commonly called Sunday, at common labor (work of necessity and charity only excepted), he or she shall be fined in a sum not exceeding five dollars nor less than one dollar: Provided, Nothing herein contained in relation to common labor on said first day of the week, commonly called Sunday, shall be construed to extend to those who conscientiously do observe the seventh day of the week as the Sabbath, nor to prevent families emigrating from traveling, watermen from landing their passengers, superintendents or keepers of toll bridges or toll gates from attending and superintending the same, or ferrymen from conveying travelers over the water, or persons moving their families on such days, or to prevent railroad companies from running necessary trains.
CHAPTER 23.-Employment of women and children. Hours of la- Sec. 6942a. No female shall be employed in any manufacturing, bor.
mechanical or mercantile establishment, hotel or restaurant in this State more than sixty hours during any one week and ten hours shall constitute a day's labor. The hours of each day may
be so arranged as to permit the employment of such females at Night work. any time from six o'clock a. m. to ten o'clock p. m.; but in no case
shall such employment exceed ten hours in any one day. Schedule to SEC. 6942b. Every such employer shall post in a conspicuous be posted. place in every room where such females are employed, a printed
notice, stating the number of hours' work required of them each day of the week the hours of commencing and stopping such work and the hours when the time or times allowed for dinner or for other meals begins and ends. Printed forms of said notice shall be furnished by the deputy labor commissioner, and the form of
such notice approved by the attorney-general of this State. Seats.
Sec. 6942c. Every such employer in such establishment, shall provide suitable seats for the females so employed, and shall permit the use of such seats by them when they are not necessarily
engaged in the active duties for which they are employed. Penalty. SEC. 6942d. Any employer, overseer, superintendent or other
agent of any such employer who shall violate any of the provisions of this act, shall be fined for each offense in a sum not less than twenty dollars nor more than fifty dollars; and it is hereby made the duty of the deputy labor commissioner to enforce the provisions of this act : Provided, however, That nothing in this act shall be construed to prevent any other person from enforcing its provisions.
This act (sections 6942a to 69420) is constitutional. 91 N. W. Rep.
Age limit. SEC. 6953. Any male or female child under the age of ten years
shall not be employed in any manufacturing, mechanical indus
trial or mercantile establishment. Employment SEC. 6954. Any male or female child under the age of fourteen of children dur; years shall not be employed in any manufacturing, mechanical ing term of school. industrial or merchanttle (mercantile] establishment, except dur
ing the vacations of the public schools; unless during the year next preceding such employment, said child has for at least twenty weeks attended some public or private day school where the Eng. lish is taught; nor shall such employment continue, unless such child shall in each and every year attend school as herein provided, and no child shall be so employed who does not present a certificate signed by the president and secretary of the school board of the school district in which said child resides, of their compliance with the requirements of this section. Nor shall any owner, superintendent or overseer of any such establishment, parent or guardian consent to or permit the employment of any
child contrary to the provisions of this act. Certificate to SEC. 6955. Any owner, superintendent or overseer of any such be kept on file. establishment, shall require and keep on file, open to the inspection
of the public, a certificate of the age, place of birth and residence of every male and female child under sixteen years of age employed therein, so long as such child is so employed; which certificate shall also state, in case the child is under fourteen years of age, the amount of said child's school attendance during the [year] next preceding his employment, and such certificate shall be signed by the president and secretary of the school board of the school district in which such child resides, and the forms of certificate herein referred to shall be approved by the attorney-general of this State.
SEC. 6955a. Any person who shall be convicted of a violation of Penalty. any of the provisions of this act shall pay for every such offense a fine of not less than twenty dollars nor more than fifty dollars : Provided, however, That no conviction shall be had under this act, unless the proceedings therefor shall be commenced within one year after the offense shall have been committed.
SEC. 6955b. It is hereby made the duty of the deputy labor com- Enforcement. missioner of this State upon complaint being filed with him to inspect any and all establishments to which this act applies, and ascertain whether any of the provisions of this act have been violated. Whenever it shall come to his knowledge that any of the provisions of this act have been or [are] being violated, it shall be his duty to cause the same to be enforced : Provided, however, That nothing in this section contained shall be construed to prevent any other person from causing the enforcement of the provisions of this act.
ACTS OF 1903.
CHAPTER 17.-Employment of labor on public works—Cities of the
SECTION 123. In all cities governed by this act [cities having Unlon labor. less than forty thousand and more than twenty-five thousand inhabitants), where work is performed upon the streets, sewers, boulevards or in parks, etc., or by virtue of any contract with any person, company, or companies, or corporations, for such city, sball be done by union labor and be paid for at the rate of two dollars ($2) per day: Provided, That when skilled labor is Rates of employed by the city, said labor shall be paid the current scale of wages. union wages: Provided, That eight hours shall constitute a day's Hours. labor.
Mine regulations-Safety cages.
SECTION 277. It shall be unlawful for any person or persons, Safety cages. company or companies, corporation or corporations,
to sink or work through any vertical shaft where iron mining cages are used, at a greater depth than four hundred and fifty feet, unless the said shaft shall be provided with an iron-bonneted safety cage, to be used in the lowering and hoisting of the employees of such person or persons, company or companies, corporation or corporations. The safety apparatus, whether consisting of eccentrics, springs, or other device, shall be securely fastened to the cage, and shall be of sufficient strength to hold the cage loaded at any depth to which the shaft may be sunk. The iron bonnet aforesaid shall be made of boiler sheet iron of a good quality, of at least three-sixteenths of an inch in thickness, and shall cover the top of said cage in such manner as to afford the greatest protection to life and limb from any matter falling down said shaft.
Hours of labor on public roads.
SECTION 474. A day's work on the public roads shall consist of Eight hours at least eight hours actual labor, exclusive of the time spent a day's labor.
in going to and returning from the work, and in no case shall pay be given for more than one day's time between sunrise and sunset of the same day, to or for the same person.
Earnings of married women.
SECTION 522. The earnings of the wife are not liable for the separate prop- debts of the husband. erty.
Intoxication of railroad employees.
Intoxication SECTION 1022. If any person, while in charge of a locomotive of
engineers, engine running upon any railroad for such company, or while actetc.
ing as a conductor of a car, or train of cars, on any such railroad, be intoxicated, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding one thousand dollars, or imprisonment in the county jail not exceeding six months.
Liability of employers for poll tax of employees.
Employers to SECTION 1178. *
Any person or persons, company or pay poll tax of corporation, doing business within this state, and having by employees.
direct contract, or indirectly through other contractors, in their employ one or more persons liable to and owing a poll tax in this
State, shall be liable for any and all poll taxes that may be due Deduction from such employees, and may deduct the amount from any from wages. sums due, or that afterwards may become due to such employees,
whether such wages are payable directly to such employees or to other persons who furnish such employees under contract to such person or persons, company or corporation;
Intelligence offices—License fee. License fee SECTION 1187. The sheriff in the several counties of this State required.
shall be ex officio collector of licenses, as provided in this act. There shall be levied and collected the following licenses :
Fourth.--For each keeper of an intelligence office, fifteen ($15) dollars per quarter year.
Union labels to be used on public printing.
Public print- SECTION 1515. On and after the passage of this act the State ing
bear printer shall cause to be affixed to all public printing the union union label.
label recognized by the organization known as the International Typographical Union.
Eremption of wages from execution, etc. Earnings for SECTION 3340. The judge or referee may order any property of calendar month the judgment debtor not exempt from execution, in the hands of exempt, when.
such debtor or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment, except that the earnings of the debtor not exceeding fifty dollars for his personal services for the calendar month during, or immediately preceding, that in which process has been issued shall not be so applied when it shall be made to satisfactorily appear by the affidavit of the debtor, or otherwise, that such earnings are nec
essary for the use of a family supported wholly or partly by his Proviso. labor : Provided, That when it shall satisfactorily appear by
affidavit, or otherwise, that the judgment debtor, or his assignee, has received payment, or payments, on account of such personal earnings during such calendar month then only the difference between the amount of such payment, or payments, and fifty dollars shall be exempt from execution.
Wages preferred—In assignments, administration, etc. SEC. 3902. In all assignments of property, whether real or per- Wages to be sonal, which shall hereafter be made by any person or chartered paid first in
assignments. company or corporation, or by any person or persons, owning or leasing real or personal property, to trustees or assignees on account of inability at the time of the assignment to pay his, her, or their debts, the wages of the miners, mechanics, salesmen, servants, clerks, or laborers, employed by such person or persons, or chartered company or corporation, shall be held and deemed preferred claims, and paid by such trustees or assignees, before any other creditor or creditors of the assignor: Provided, That the claims of each miner, mechanic, salesman, servant, clerk, or laborer thus preferred, shall not exceed in value two hundred dollars of gold coin of the United States, and the services shall have been rendered or labor performed within ninety days next preceding said assignment.
SEC. 3903. In all cases of the death of any employer or employ- Order of payers, the wages of each miner, mechanic, salesman, servant, clerk, ment of deand laborer, for services rendered, or labor performed, witbin ministration. ninety days next preceding the death of the employer, shall rank after the funeral expenses of the deceased, the charges and ex penses of administering upon the estate, and the allowance to the widow and infant children, and be paid pro rata before all other claims against the estate of the deceased person or persons : Provided, This act shall in no way affect the homestead or other property exempted by law from forced sale, or any mortgage or lien lawfully obtained on the property of the deceased person before his or her death.
SEC. 3904. In all cases of execution, attachments and writs of Executions, a similar nature against the property of any person or persons, etc. or chartered company or corporation, it shall be lawful for such Claims miner, mechanic, salesman, servant, clerk and laborer to give wages. notice of their claim or claims, and the amount thereof, duly certified and sworn to by the creditor or creditors making the claim to the officer executing either of such writs, at any time before the actual sale of property levied upon; the creditor or creditors making the claim shall at the same time give notice in writing to the creditor or creditors at whose instance the property has been levied upon, or his or their attorney, of their said claim or claims, and the amount thereof duly certified and sworn to by such claimant or claimants; a copy of said notice shall also be served upon the debtor, if he be found within the county where the property levied upon is situated : Provided, That if the debtor cannot be found within the county where the property levied upon is situated, then said notice may be served upon the officer executing either of such writs in lieu of said debtor. Upon the filing in the court where the action or actions against the debtor is, or are pending, of an affidavit of the claimant or claimants, showing his or their compliance with the foregoing provisions of this section, the officer executing either of said writs shall pay to such miners, mechanics, salesmen, servants, clerks or laborers, out of the proceeds of the sale, the amount each is justly and legally entitled to receive for services rendered, within ninety days next preceding the levy of the writ of execution, attachment, or other writ, not exceeding two hundred dollars in gold coin of the United States: Provided, That either the creditor or debtor Contesting may dispute the claim of any person seeking and claiming prefer- claims. ence under this section, and in such case the party or parties disputing such claim shall serve a written notice that they dispute such claim upon the claimant or claimants, and upon the officer executing such writs, within five days from the time of service upon such creditor or debtor of the notice of the claim by the claimant seeking preference, as hereinbefore provided for. Within ten days from the time of the service last provided for, the claimant or claimants shall commence an action in any court of competent jurisdiction against the debtor, and the person or persons