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cate 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
disputing his or their claim, or claims, for the recovery thereof, and shall prosecute such action with due diligence, or be forever barred from any claim of priority payment thereof; but in case action is rendered necessary by the act as aforesaid, by either debtor or creditor, and judgment shall be had for said claim, or any part thereof, carrying costs, the costs attending the prosecution of said action, and legally taxable therein, shall likewise
be a preferred claim, with the same rank as the original claim: Pro rata pay. And, provided further, if the amount of assets, after deducting
costs of levy and sale, shall not be adequate to the payment of all
the preferred claims of this class, they shall be paid pro rata out Act construed. of the money hereby made applicable thereto: And, provided fur
ther, That nothing in this act contained shall be construed to affect any homestead claims, mortgage, or lien of any description, created and existing before the claim of such laborer accrued.
Right of action for injuries causing death. Death by neg. SECTION 3983. Whenever the death of a person shall be caused ligence.
by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect
thereof, then, and in every such case, the persons who, or the corSurvival of poration which would have been liable, if death had not ensued. action.
shall be liable to an action for damages, notwithstanding the death of the person injured ; and although the death shall have been
caused under such circumstances as amount in law to a felony. Exemption of SEC. 3984. The proceeds of any judgment obtained in any action damages.
brought under the provisions of this act shall not be liable for any debt of the deceased : Provided, He or she shall have left a husband, wife, child, father, mother, brother, sister, or child or children of a deceased child :
Provided, Every sucii action shall be brought by and in the name of the personal repreAmount. sentative or representatives of the deceased person : And, pro
vided further, The jury in every such action may give such damages, pecuniary and exemplary, as they shall deem fair and just, and may take into consideration the pecuniary injury resulting from such death to the kindred as herein named.
Importation of persons bound to involuntary servitude.
Immigration SECTION 4856. The immigration to this State of all slaves and of slaves, etc., other people bound by contract to involuntary servitude for a prohlbited.
term of years, is hereby prohibited. Collection of
SEC. 4857. It shall be unlawful for any company, person or perwages.
sons, to collect the wages or compensation for the labor of the
persons described in the first section of this act (sec. 4856). Payment of
SEC. 4858. It shall be unlawful for any corporation, company, wages.
person or persons, to pay to any owner, or agent of the owner of any such persons mentioned in section one of this act (sec. 4856], any wages or compensation for the labor of such slaves, or persons
so bound by said contract to involuntary servitude. Penalty. SEC. 4859. Any violation of any of the provisions of this act
shall be deemed a misdemeanor, and shall be punished by a fine of not less than three hundred dollars, nor more than one thousand dollars, or by imprisonment in the county jail for a term of not less than three months or (nor] more than six months, or by both such fine and imprisonment.
Prevention of SECTION 4982. Any person, association, company, or corporation employment of within this State, or agent, or officer, on behalf of such person, discharged employees. association, company, or corporation, who shall hereafter willfully
do anything intended to prevent any person who shall have for any cause left or been discharged from his or its employ from obtaining employment elsewhere in this state, shall be deemed
guilty of a misdemeanor, punishable by a fine of not less than fifty ($50) dollars, nor more than two hundred and fifty ($250) dollars for each such offense, or imprisonment in the county jail at the rate of one day for each two ($2) dollars of such fine.
Employment of Chinese.
No Chinaman or Mongolian shall be Chinese employed, directly or indirectly, in any capacity, on any public to be employed works, or in or about any buildings or institutions, or grounds, works;
public under the control of this State.
SEC. 5005. Hereafter no right of way or charter, or other privi- Or by certala leges for the construction of any public works by any railroad or corporations. other corporation or association shall be granted to such corporation or association, except upon the express condition that no Mongolian or Chinese sball be employed on or about the construction of such work in any capacity.
SEC. 5006. Any violation of the conditions of this act shall work Forfeiture. a forfeiture of all rights, privileges, and franchise granted to such corporation or association.
ACTS OF 1901.
CHAPTER 60.--Cooperative associations.
SECTION 1. It shall be lawful for five or more persons to form Who may in. a cooperative association for the purpose of transacting any law- corporate. ful business. Such associations shall not have or issue any capital stock, but shall issue membership certificates to each member Certificates of thereof, and such membership certificates can not be assigned so membership. that the transferee thereof can by such transfer become a member of the association except by the resolution of the board of directors of the association. But by the resolution of consent of the board of directors, such certificates may be transferred, so that the transferee may become a member in lieu of the last former holder thereof.
SEC 2. In such association the rights and interest of all mem- Interests bers shall be equal, and no member can have or acquire a greater be equal. interest therein than any other member has. At every election held pursuant to the by-laws each member shall be entitled to cast one vote and no more. All persons above the age of eighteen Who eligible. years, regardless of sex, shall be eligible to membership, if otherwise qualified and elected as the by-laws may provide: Provided, That minors can not be empowered to make contracts for the association. The by-laws shall provide for the amount of the indebtedness which such association may incur. And no mem- Liability
members. ber shall be responsible individually, or personally liable, for any of the debts or liabilities of the association in excess of his proportion of such indebtedness; but in case of the failure and insolvency of such association may be required to pay any unpaid dues or installments which have before such insolvency become due from such member to the association, pursuant to its by-laws. SEC. 3. Every association formed under this act shall prepare Articles of
association articles of association, in writing, which shall set forth: The name of the association, the purpose for which it is formed, the place where its principal business is to be transacted, the term for which it is to exist (not to exceed fifty years), the number of the directors thereof, and the names and residences of those selected for the first year, the amount which each member is to pay upon admission as a membership fee, and that each member signing the articles has actually paid in such sum, and that the interest and right of each member therein is to be equal. Such articles of association must be subscribed by the original associates or members, and acknowledged by each before some person competent to take an acknowledgement of a deed in this State. Such articles so subscribed and acknowledged shall be filed in the office of the secretary of state, who shall furnish a certified copy thereof,