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.

Hindering

SEC. 126. If any person or persons, by threats, violence, intimidation or other unlawful means, shall hinder the owner, manager employers. or 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 empolyees, such offender or offenders shall be guilty of a misdemeanor.

Seats for female employees.

Seats to be

SECTION 127. All persons and corporations employing females in manufacturing, mechanical or mercantile establishments, must provided. provide 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.

Sunday labor.

Running

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, ex-freight trains, cursion train, or other train than the regular trains run for the etc., forbidden. 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, Exceptions. and 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.

Sunday labor forbidden.

Minors not to be employed.

Who are vagrants.

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.

Employment of children while parents live in idleness.

SECTION 453 (as amended by act, page 109, Acts of 1905).

7. All persons who are able to work and do not work, and who have no property or other means of support, but hire out their minor children and live upon their wages, shall be deemed and considered vagrants.

License to be procured.

Acrobatic and

Emigrant agents.

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.

Employment of children-Certain employments forbidden.

SECTION 706. Any person who shall sell, apprentice, give away, mendicant em- let out, or otherwise dispose of any child under twelve years, to ployments. any person, for the vocation, occupation, or service of rope or wire walking, begging, or as a gymnast, contortionist, circus rider, acrobat or clown, or for any indecent, obscene or immoral exhibition, practice or purpose, shall be guilty of a misdemeanor.

Receiving

children.

Penalties.

SEC. 707. Whenever a child shall be disposed of in violation of the preceding section, the person who, under such selling, apprenticing, or letting out, shall receive and use such child for any of the purposes condemned in said section, shall be guilty of a misdemeanor.

Penalty for misdemeanor.

SECTION 1039. Every crime declared to be a misdemeanor is punishable by a fine not to exceed one thousand dollars, imprisonment not to exceed six months, to work in the chain gang on the public works, or on such other works as the county authorities may employ the chain gang, not to exceed twelve months, and any one or more of these punishments may be ordered in the discretion of the judge.

* 本 #

ACTS OF 1898.

Exemption of wages-Unlawful assignment of claims.

(Page 90.)

Sending SECTION 1. From and after the passage of this act, whoever asclaims for signs or transfers or sends out of this State, by himself or agents, wages out of State. any claim for debt against a resident of this State, for the purpose of having the same collected by proceedings in attachment or by garnishments in courts outside of this State, with intent to deprive a resident of this State of the right to have his wages exempt from garnishment as provided by section 4732 of the Civil Code of 1895 and acts amendatory thereof, where the creditor and debtor and person or corporation owing the money intended to be reached by such proceedings are within the jurisdiction of the courts of this State, thereby seeking to evade said law and defeat the public policy of this State, shall be guilty of a misdemeanor and on con

viction shall be punished by a fine of not less than ten dollars and not exceeding fifty dollars for each account or claim so unlawfully transferred, or assigned, or sent out of this State as aforesaid. And the person whose personal earnings are so attached or garnished, shall have a right of action before any court of this State having jurisdiction, to recover the amount attached and any costs paid by him in such attachment proceedings, together with all damages which he or they may sustain thereby, particularly such damages as may result to such person or persons because of any loss of employment by them, or discharge or suspension from work because of any levy of such attachment or garnishment proceedings, either from the person so assigning, transferring, or sending such claim out of the State to be collected, as aforesaid, or the person to whom such claim may be assigned, transferred or sent, as aforesaid, or both, at the option of the person bringing such suit. The money thus recovered shall not be subject to garnishment.

SEC. 2. The assignment, transfer or sending of such claim to a Evidence. person not a resident of this State, and the commencement of such proceedings in attachment outside of this State, shall be considered prima facie evidence of the violation of this [the above] section.

ACTS OF 1899.

Forgery, etc., of cards of railroad labor organizations and of employers' certificates.

(Page 79.)

sociation.

SECTION 1. From and after the passage of this act, any person Counterfeitwho shall make, alter, forge or counterfeit any card or receipt of ing card of asdues purporting to be given or issued by any association of railway employees, or by any of its officers, to its members, with intent to injure, deceive or defraud, shall be punished as hereinafter provided.

Forging employer's certifi

SEC. 2. Any person who shall falsely make, alter, forge or counterfeit any letter or certificate purporting to be given by any cor- cate. poration or person, or officer or agent of such corporation or person to an employee of such corporation or person at the time of such employee's leaving the service of such corporation or person, showing the capacity or capacities in which such employee was employed by such corporation or person, the date of leaving the service or the reason or cause of such leaving, with the intent to injure, deceive or defraud, shall be punished as hereinafter provided.

SEC. 3. Any person who shall willfully and knowingly utter, Uttering or having false publish, pass or tender as true, or who shall have in his possession cards, etc. with intent to utter, publish, pass or tender as true, any false, altered, forged or counterfeited letter, certificate, card or receipt, the forging, altering or counterfeiting whereof is prohibited by either of the preceding sections of this act, with intent to injure, deceive or defraud, knowing the same to be forged, shall be punished as hereinafter provided: Provided, That nothing in this act shall be construed to repeal, change or modify any of the existing laws in this State against the crime of forgery.

SEC. 4. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1039, Vol. III of the Penal Code of 1895.

ACTS OF 1901.

Payment of wages due deceased employees of corporations.

(Page 60.)

SECTION 1. From and after the passage of this act it shall be lawful upon the death of any person employed by any railroad

Penalty.

Payment required.

Payment is release.

Employment

of person der contract.

Penalty.

Defenses.

company, or other corporation doing business in this State, who may have wages due him by said railroad company, or other corporation, and who shall leave surviving him a widow or minor child or children, to pay all of said wages, when they do not exceed one hundred dollars, and in case such wages exceed one hundred dollars, to pay the sum of one hundred dollars thereof to the surviving widow of such employee, and in case he has no surviving widow, but leaves surviving a minor child or children, then said sum shall be paid to said minor child or children without any administration upon the estate of said employee, and that said fund to the amount of one hundred dollars, after the death of said employee, is hereby exempt from any and all process of garnishment.

SEC. 2. Such railroad company, or other corporation, are hereby required to pay over said fund on the demand of said widow, and in case there be no surviving widow, then on the demand of said minor child or children, or the guardian thereof.

SEC. 3. Said railroad company, or other corporation, paying over said fund as aforesaid, shall be, and are, hereby protected and released from all claims whatsoever against said fund by the estate of said employee or creditors thereof, or the claims of said widow or minor child or children, or the guardian thereof.

Interference with employment.

(Page 63.)

SECTION 1 (as amended by act No. 307, page 91, Acts of 1903). un- When the relation of employer and employee, or of landlord and tenant of agricultural lands, or of landowner and cropper, has been created by written contract or by parol contract partly performed, made in the presence of one or more witnesses, it shall be unlawful for any person during the life of said contract, made and entered into in the manner above prescribed, to employ, or to rent lands to, or to furnish lands to be cropped by said employee, tenant or cropper, or to disturb in any way said relation, without first obtaining the written consent of said employer, landlord or landowner, as the case may be.

Part performance includes the acts of the employer as well as those of the employee. The relation of employer and employed may exist before the commencement of labor under the contract. 57 S. E. Rep. 789.

SEC. 2. Any person violating the provisions of the foregoing section shall at the option of the party alleged to have been injured, be prosecuted as for a misdemeanor, and upon conviction punished as provided in section 1039 of the Penal Code, or he shall be liable in damages to said alleged injured party, as follows: (1) In case of employer and employee, the damages shall not be less than double the amount of wages or salary for the entire period of said contract. (2) In case of landlord and tenant, or of landowner and cropper, the damages shall not be less than double the actual rental value of the lands rented or cropped, said value to be fixed at 1,000 pounds of middling lint cotton to the plow.

SEC. 3. In addition to other defenses, the following defenses in both civil and criminal cases arising under the provisions of this act shall be good and sufficient, when proved in every item to the satisfaction of the jury, to wit:

1. For the defendant to show that prior to the alleged violation of this act said employee, tenant or cropper, as the case may be, had for good reason and just cause abandoned his said contract and terminated the relation created thereby.

2. For the defendant to show as a complete defense all of the following facts, to wit: That prior to employing or otherwise contracting with said employee, tenant or cropper, he received from said employee, tenant or cropper an affidavit to the effect that said employee, tenant or cropper was not at the time under a prior existing contract, which affidavit defendant shall show to the

court, and that immediately on proof that said employee, tenant or cropper was under contract defendant discharged him, and refused to permit and did not permit him to remain on his (defendant's) premises.

Whenever in a suit for the recovery of damages the defendant shall urge his defense successfully, he shall have judgment against the plaintiff for all costs and reasonable attorney's fees, and in case of a like result in the prosecution of a criminal case under the provisions of this act, the defendant shall have a like judgment against the prosecutor.

SEC. 4. The provisions of this act shall not apply where the employment given is of such duration and of such nature as to make it certain that it could not result in injury to the plaintiff or prosecutor.

ACTS OF 1903.

Contract of employment with intent to defraud.

(Page 90.)

Application of law.

vances.

SECTION 1. From and after the passage of this act if any person Fraudulently shall contract with another to perform for him services of any procuring a dkind with intent to procure money, or other thing of value thereby, and not to perform the service contracted for, to the loss and damage of the hirer; or after having so contracted, shall procure from the hirer money, or other thing of value, with intent not to perform such service, to the loss and damage of the hirer, he shall be deemed a common cheat and swindler, and upon conviction shall be punished as prescribed in section 1039 of the Code. SEC. 2. Satisfactory proof of the contract, the procuring thereon of money or other thing of value, the failure to perform the services so contracted for, or failure to return the money so advanced with interest thereon at the time said labor was to be performed, without good and sufficient cause and [with] loss or damage to the hirer, shall be deemed presumptive evidence of the intent referred to in the preceding section.

This act is constitutional. 57 S. E. Rep. 889.

ACTS OF 1904.

Assignments of future earnings to secure loans.

(Page 84.)

SECTION 17. Any contract made after the passage of this act for the assignment or pledge of any unearned wages or salary, for the purpose of securing a loan of money, shall be void.

Suits for wages.
(Page 100.)

SECTION 1 (as amended by act, page 120, Acts of 1906). From and after the passage of this act when any suit is brought by attachment in this State against a nonresident of the State, and the attachment is levied by service of summons of garnishment, the situs of any debt due by the garnishee to the defendant shall be at the residence of the garnishee in this State, and any sum due to the defendant in attachment shall be subject to said attachment: Provided, That the writ of attachment shall not be used to subject in this State wages of persons who reside out of the State, and which have been earned wholly without the State of Georgia.

ACTS OF 1906.

Employment of children in factories-Age limit-Night work.

(Page 98.)

SECTION 1. From and after the approval of this act no child under ten years of age shall be employed or allowed to labor in or

Evidence.