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in which the confession of judgment was had, within ten days
after the day of the execution thereof. Refusal to Sec. 6847. Any defendant on whom a fine is imposed by a reperform serve ice.
corder, on conviction for a misdemeanor or violation of a city ordinance, who, before the recorder or mayor signs a written contract approved in writing by the mayor and recorder, if any, whereby in consideration of another becoming his surety on a confession of judgment for the fine and costs, agrees to do any act or perform any service for such person, and who, after being released on such confession of judgment, fails or refuses, without good and sufficient excuse, to be determined by the jury, to do the act or perform the service, which in such contract he promised or agreed to do or perform, shall be guilty of a misdemeanor, and must, on conviction in the circuit or criminal court, as provided by law, be punished the same as violations of contracts on confession
of judgment in criminal courts of record. Damages to
SEC. 6848. From the fine imposed under the two preceding secLe paid
tions, when collected, the damages sustained by the party contracting with such defendant must be paid to such person by the officer collecting the same.
Enticing employees, apprentices, etc.
Enticement SECTION 6849. Any person who entices, decoys, or persuades any from service. apprentice or servant to leave the service or employment of his
master must, on conviction, be fined not less than twenty nor more than one hundred dollars; and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more
than three months. Interfering Sec. 6850. Any person who knowingly interferes with, hires, emopt himbiring: ploy's, entices away, or induces to leave the service of another, or etc., laborer another. attempts to hire, employ, entice away, or induce to leave the sery
ice of another, any laborer or servant, renter, or share cropper, who has contracted in writing to serve such other person for any given time, not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, entices away, or induces any minor to leave the service of any person to whom such service is lawfully due, without the consent
of the party employing, or to whom such service is due, given in Penalty. writing, or in presence of some credible person, must, on convic
tion, be fined not less than fifty nor more than five hundred dollars, at the discretion of the jury, and in no case less than double the damages sustained by the party whom such laborer or servant was induced to leave; one-half to the party sustaining such damage, and the other half to the county.
The statute is not unconstitutional in attempting to punish criminally for violation of contract. 79 Ala. 271.
Nor is it in violation of the Federal “ Civil rights bill," 44 Ala. 367.
It is plainly violative of the State constitution, being class legislation, since it imposes on laborers and renters a different penalty for breach of contract from that imposed on other citizens. 123 Fed. Rep. 671.
Knowledge of previous subsisting contract is not essential to convic
tion. 44 Ala. 368. Evidence.
Sec. 6851. When any laborer or servant, renter, or share cropper, having contracted as provided in the preceding section, is afterwards found in the service or employment of another before the termination of such contract, that fact is prima facie evidence that such person is guilty of a violation of that section, if he fail and refuse to forthwith discharge such laborer or servant, after having been notified and informed of such former contract or
employment. Enticing im- SEC, 6854. Any person, who employs any immigrant, or othermigrant. wise entices him from his employer, in violation of the contract
of such immigrant, must, on conviction, be fined in a sum not less than the amount of wages for the unexpired term of the coutract, and may be imprisoned in the county jail, or sentenced to hard labor for the county, at the discretion of the jury, for not more than three months,
Repayment of advances made by employers. SECTION 6855. Any immigrant who abandons or leaves the Employers' service of an employer without repaying all passage money and advances to
repaid. all other advances, must, on conviction, be fined in a sum not more than double the amount of wages for the unexpired term of service, and imprisoned not longer than three months, or sentenced to hard labor for the county for not more than three months, at the discretion of the jury.
Intimidation of employees, etc.
Seats to be
SECTION 6856. Any person who, by force or threats of violence
employment, to person or property, prevents, or seeks to prevent, another from doing work or furnishing materials, or from contracting to do work or furnish materials, for or to any persou engaged in any lawful business, or who disturbs, interferes with, or prevents, or in any manner attempts to prevent the peaceable exercise of any lawful industry, business, or calling by any other person, must, on conviction, be fined not less than ten mor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than twelve months.
Seats for female employees. SECTION 6857. Any person owning or controlling a store or shop in which any girl or woman is employed as a clerk or saleswoman,
provided. who fails to provide such girl or woman with proper accommodations for sitting and resting when not actively engaged in the work of her employment, or who fails to permit her to do so when not so engaged, or who shall not have in such building, or conveniently thereto, separate water-closets for the use of such girls or women, must, on conviction, be fined not less than fifty dollars nor more than five hundred dollars.
Employment of unlicensed engineers on steamboats. SECTION 7091. In case of the loss of life from the explosion of a Loss of life boiler, or any apparatus connected therewith, on any steamboat from explosion. navigating the waters of this State, and the person acting thereon as engineer has not obtained a certificate to act as such engineer, or is acting out of the grade therein specified, or is knowingly employed after the revocation of his certificate, the captain or owner employing such person, and the person so employed or acting, are guilty of manslaughter in the first degree.
Fire escapes on factories, etc.
to be provided. manufacturing building, which is more than two stories high, now erected, who shall fail for six months after the adoption of this Code to have securely fixed and conveniently arranged so as to be accessible to persons
working in, or occupying such building, in case of fire in such building, good and sufficient fire escapes or ladders for each story of said building, shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than fifty por more than five hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months, for each day so continued.
Sec. 7096. Any owner, proprietor, or manager of any manufacturing building erected hereafter who shall fail to erect with such building such fire escapes as are required in the pre
ceding section, shall, on conviction, be fined not less than fifty nor more than five hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.
Inspection of cotton mills, etc.
SECTION 7212. There is created the office of inspector of jails, almshouses, cotton mills, or factories; the officer or inspector shall be a practicing physician in good standing, learned in the science of sanitation and hygiene, and shall reside at Montgomery and have
an office in the capitol. Appointment. SEC. 7213. The inspector shall be appointed by the governor and
shall hold office for a term of four years from the date of his ap
pointment, and until his successor is appointed and qualified. Salary.
SEC, 7214. The salary of the inspector shall be twenty-four hundred dollars annually, and in addition to his salary he shall be paid his necessary traveling expenses, to be paid as the salaries of the
State officers are paid. Duties.
Sec. 7215. The following are the general duties of the inspector:
(5) To visit at least four times each year, and oftener when ordered by the governor so to do, each and every cotton mill or factory in this State, and to thoroughly inspect the same for the purpose of ascertaining their sanitary condition, the ages and condition of the children employed therein, and all other matters concerning the operation and condition of said mills or factories as to which the laws of this state prescribe any rules or regulations.
(6) To make reports to the governor of the result of each such inspection.
(7) To institute prosecutions against the owners and operators of such mills or factories for the violation of any of the rules or regulations prescribed by any law of this State relating to the conditions or operations of such mills or factories or the employ
ment of children therein. Refusing to SEC. 7217. Any sheriff or other keeper of jails or members of give informa commissioners court or board of revenue, or keeper or manager tion.
of any almshouse, cotton mill, or factory, or any person or persons charged with the management of any almshouse, cotton mill, or factory who shall willfully refuse or fail to give the inspector the information called for by him, and any such officer or other person who, when summoned by the inspector to come before him and testify concerning any matter upon which the inspector is required to report, shall willfully refuse or fail to attend and testify, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five nor more than one hundred dollars.
Willful Inju. SECTION 7418. Any person who willfully and intentionally inries.
jures any shaft, safety lamp, instrument, air course, or brattice, or obstructs or throws open any air way in any coal or ore mine; or carries matches or a pipe or other smoker's article beyond any station inside of which locked safety lamps are used in such mine;
or injures any part of the machinery therein, or opens a door Negligence, therein and fails to immediately close the same, or opens any door
way therein, the opening of which is forbidden by the inspector of mines; or uses in such mine any oil in a lamp not known to be of the best quality of miners' oil; or does any act whereby the life or health of any person or the security of the mine or machinery is endangered; or neglects or refuses to perform any of the duties required of him by the provisions of chapter 30 (78) of this Code, or violates any of the provisions thereof; or who pulls down, injures, or defaces any posted abstract of the law or rules and regu
lations pertaining to mining, must, on conviction, be fined not more l'enalty.
SEC. 7419. Any person or corporation operating any ore or coal Failure to
Negligence of employces on railroads, etc.
end angering skill of any engineer or conductor having the control or manage litement of any steam engine or electric motor running on any railroad in this State, or any brakeman or flagman, the engine or cars
On railroads; are thrown off the track, or any other accident occurs, and the life of any human being is thereby endangered, such engineer, conductor, flagman, or brakeman must, on conviction, be fined not less than five hundred nor more than two thousand dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than twelve months, and in case the death of any person is caused by such negligence or want of skill, the railroad employee guilty of such negligence or want of skill must, on conviction, be imprisoned in the penitentiary for not less than one nor more than five years. SEC. 7807. If the captain of any steamboat used for the con
boats. veyance of passengers or freight, or any other officer or person having charge thereof, or the engineer having charge of the machinery, or any part of the apparatus for the generation of steam, from gross negligence, or from ignorance, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, or other apparatus in which such steam is generated, or any apparatus or machinery therewith connected, and human life is thereby endangered, such captain, engineer, or other officer or person must, on conviction, be imprisoned in the penitentiary for not less than two years.
Sec. 7808. Whenever any steamboat, while racing with another Racing caus. boat, or attempting to excel her in speed, bursts its boiler, or any
etc. apparatus or machinery therewith connected, and the life of any person is thereby endangered, the captain and engineer of such boat must each, on conviction, be imprisoned in the penitentiary for not less than two years.
Sec. 7810. Whenever any loss of human life, or any injury to Negligence any human being occurs on board of any steamboat navigating
causing any of the waters of this State, from negligence or want of skill on the part of the captain, engineer, or other officer or person engaged in the management of such boat, or any part of the machinery thereof, the officer or person from whose negligence or want of skill such loss of life or injury occurred, must, on conviction, be imprisoned in the penitentiary for not less than two nor more than ten years.
Sunday labor. SECTION 7814. Any person who compels his child, apprentice, Labor and or servant to perform any labor on Sunday, except the customary
den. domestic duties of daily necessity or comfort, or works of charity;
or who, being a merchant or shopkeeper, druggist excepted, keeps open store on that day, must, for the first offense, be fined not less than ten nor more than twenty dollars, and for the second or any subsequent offense, must be fined not less than twenty nor more than one hundred dollars, and may also be im
prisoned in the county jail, or sentenced to hard labor for the Exceptions. county for not more than three months; but the provisions of
this section do not apply to the running of railroads, stages, or steamboats, or other vessels navigating the waters of this State, or any manufacturing establishment which requires to be kept in constant operation.
Hiring out children to support parents in idleness.
Who are va- SECTION 7843. The following-described persons are vagrants : grants.
(12) Any person who has no property sufficient for his support and who is able to work and does not work, but hires out his chil.
dren or allows them to hire out. Penalty. Sec. 7844. Vagrancy is a crime, and any person convicted thereof
must be fined not more than five hundred dollars, and may also be sentenced to hard labor for the county for not more than
twelve months. Proof.
Sec. 7815. In prosecutions for vagrancy the burden of proof shall not rest upon the State to establish the fact that the defendant has no property sufficient for his support, nor means of a fair, honest, and reputable livelihood, but whenever it shall be established by the proof in any prosecution under this chapter that the defendant
is able and does not work, but híres out his minor children, or allows them to hire out, then, or in either of such events, a prima facie case of guilt is hereby declared to be established
and the burden of proof shall be upon the defendant to show that he has sufficient property from which to obtain a support, or sufficient means of maintaining a fair, honest, and reputable livelihood;
but if the evidence for the defendant is sufficient when considered together with all of the evidence in the case to raise a reasonable doubt as to his guilt he shall be
entitled to an acquittal. Exemptions. Sec. 7846. The provisions of this chapter shall not apply to per
sons who are idle because of strikes or lockouts.
REVISED STATUTES OF 1901.
Ercmption of wages from garnishment. What earn. SECTION 388 (as amended by chapter 34, Acts of 1907.) Oneings exempt.
half of the earnings for personal services rendered at any time within thirty days next preceding the service of the writ shall not be subject to garnishment when it shall be made to appear by the affidavit of the debtor that such earnings are necessary for the support of his family, residing within this Teritory, and supported wholly by his labor.
Employment of children-School attendance. Employment SECTION 2231 (as amended by chapter 67, Acts of 1907). No during school child under the age of fourteen years shall be employed by any hours.
person, persons, company or corporation during the school hours of any school day of the school term of the public school in the school district where such child resides, unless such child has been excused from attendance on instruction, as provided in this section. Every such employer shall require proof that such child has been excused from such attendance, and shall keep a record of such