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Act No. 766.- Wages preferred-In receiverships.
(Page 100.) Wages to be SECTION 1. Whenever a receiver of a corporation created or organpaid first.
ized under the laws of this state, and doing business in this state, other than insurance and banking corporations, shall be appointed, the wages of all classes of employees, operators and laborers thereof shall be preferred to every other debt or claim against such corporation, and shall be paid by the receiver from the moneys of such corporation which shall first come into his hands.
ACTS OF 1900-1901.
Act No. 731.— Trade marks, etc., of trade unions.
(Page 1790.) Counterfeiting, SECTION 1. Whenever any union or association of workingmen shall etc., unlawful.
adopt and use and shall file in the office of the secretary of state, as hereinafter provided, any label or device for the purpose of designating and distinguishing any goods, wares, or merchandise or other product of labor as having been made, manufactured, produced, or prepared by such association or union of workingmen or by a member or members of such association or union, it shall be unlawful for any person to counterfeit or imitate such label or device or to alter such counterfeit or imitation or to attach such label or device, or any counterfeit or imitation thereof, to any goods, wares, merchandise, or other product of labor without the consent of such association or union, and any person who counterfeits or imitates such label or device or alters such counterfeit or attaches such label or device or
any counterfeit or imitation thereof to any goods, wares, or merchanPenalty. dise, or other product of labor without the consent of such association
or union, shall be guilty of a misdemeanor, and may be punished by
a fine not exceeding one hundred dollars. Copies to SEC. 2. Before such label or device shall be entitled to the protecfiled!
tion hereby afforded, such association or union of workingmen shall file a copy or facsimile of such label or device in the office of the secretary of state, and shall pay a fee of one dollar for such filing.
ACTS OF 1903.
Act No. 57.-Employment of children.
Age limit. SECTION 1. No child under the age of twelve (12) years shall be em
ployed in or about any factory or manufacturing establishment within this State unless a widowed mother or aged or disabled father is dependent upon the labor of such child, or in case a child is an orphan and has no other means of support. No child under the age of ten
(10) years shall be so employed under any circumstances. Certificate of Sec. 2. It shall be unlawful for any factory or manufacturing estabage required.
lishment to hire or to employ any child unless there is first provided and placed on file in the office of such employer an affidavit signed by the parent or guardian or person standing [in] parental relation thereto, certifying the age and date of birth of said child; any person knowingly furnishing a false certificate of the age of such child shall be deemed guilty of a misdemeanor, and shall be brought before some justice of the peace or other court or officer having jurisdiction for trial, and upon conviction shall be punished by a fine of not less than five nor more than one hundred dollars, or be sentenced to hard labor
for a term not exceeding three months. Night work. SEC. 3. No child under the age of thirteen (13) years shall be em
ployed at labor or detained in any factory or manufacturing establishment in this State between the hours of 7 p. m. and 6 a. m. standard
time, and no child under the age of sixteen (16) years shall be so emHours of labor. ployed or detained between said hours for more than forty-eight hours
in any one week; and no child under the age of twelve shall be employeil or detained in any factory or manufacturing establishment for more than sixty-six (66) hours in any one week.
Sec. 4. Any person, persons or corporation or representative of such Penalty. corporation who violates any of the provisions of this act, or who willfully or knowingly suffers or permits any child to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than ($200) two hundred dollars.
Act. No. 229.- Children laboring to support parent in idleness.
(Page 244.) Section 1. * * * Any person who is able to work, and who does Hiring, not work but hires out his minor children and lives upon their wages; minor children. * * * is hereby declared to be a vagrant and must on conviction he fined not more than five hundred ($500) dollars and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months: Provided, That it shall be a sufficient Proviso. defense to the charge of vagrancy under any of the provisions of this act that the defendant has made bona fide efforts to obtain employment at reasonable prices for his labor, and has failed to obtain the same. The provisions of this act shall not apply to persons who are idle under strike orders or lockouts.
Act No. 329.- Boycotting, blacklisting, etc.
(Page 281.) SECTION 1. It shall be unlawful for two or more persons to conspire Conspiracy. together for the purpose of preventing any person, persons, firm or corporation from carrying on any lawful business within the State of Alabama, or for the purpose of interfering with the same.
Sec. 2.' It shall be unlawful for any person or persons to go near to Picketing, etc. or loiter about the premises or place of business, of any person, firm or corporation engaged in a lawful business, for the purpose of influencing or inducing others not to trade with, buy from, sell to or have business dealings with such person, firm or corporation, or to picket the works or place of business of such other person, firm or corporation for the purpose of interfering with or injuring any lawful business or enterprise: Provided, That nothing herein shall prevent any person from soliciting trade or business for a competitive business.
Sec. 3. It shall be unlawful to print or circulate any notice of boy- Boycotting. cott, boycott cards, stickers, dodgers or unfair lists, publishing or declaring that a boycott or ban exists or has existed or is contemplated against any person, firm or corporation doing a lawful business, or publishing the name of any judicial officer or other public official upon any blacklist, unfair list or other similar list because of any lawful act or decision of such official.
SEC. 4. It shall be unlawful to use force, threats or other means of Threats, etc. intimidation to prevent any person from engaging in any lawful occupation at any place he or she sees fit.
Sec. 5. It shall be unlawful for any person, firm or corporation to Blacklisting. maintain a blacklist or to notify any other firm or corporation that any person has been blacklisted by such person, firm or corporation, or to use any other similar means to prevent such persons from receiving employment. Any person, firm or corporation violating any provision of this act must, on conviction, pay a fine of not less than fifty Penalty. ($50) dollars, nor more than five hundred ($500) dollars, or to be imprisoned not to exceed sixty days hard labor for the county.
Act No. 405.- Emigrant agents.
(Page 344.) SECTION 1. From and after the approval of this act no person shall License carry on the business of an emigrant agent in this State with [without]
quired. having first obtained a license therefor from the State auditor.
SEC. 2. The terms “Emigrant agent” as contemplated in this act, shall be construed to mean any person engaged in hiring laborers or soliciting emigrants in this State to be employed beyond the limits of the same.
Sec. 3. Any person shall be entitled to a license which shall be good for one year, upon payment into the State treasury for the use of the State of five hundred dollars in each county in which he operates or solicits emigrants for each year so engaged.
Sec. 4. Any person doing the business of an emigrant agent without having first obtained such license shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five hundred dollars and not more than five thousand dollars or may be imprisoned in the county jail or sentenced to hard labor for the county for not less than four months nor more than one year for each and every offense within the discretion of the court.
Act No. 480. — Protection of employees as voters.
Coercion, etc., SECTION 53. Any employer who attempts by coercion, intimidation, by employers.
threats to discharge or to lessen the remuneration of an employee or to influence his vote in any election or who requires or demands an examination or inspection by himself or another of an employee's ballot, shall be guilty of a misdemeanor and upon conviction shall be fined
not less than five hundred dollars. By officers or
SEC. 54. Any officer or agent of a corporation or other person with agents.
authority to discharge employees, who shall attempt by coercion, intimidation, threats to discharge or to lessen his remuneration any such employee to influence his vote in any election or who requires or demands an examination or inspection by himself or another of any employee's ballot shall be guilty of a misdemeanor and upon conviction shall be fined not less than five hundred dollars.
REVISED STATUTES OF 1901.
TITLE 6.- Exemption of wages from garnishment. Thirty days' SECTION 388. Earnings for personal services rendered at any time earnings exempted, when.
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 or otherwise that such earnings are necessary for the support of his family, supported wholly or in part by his labor.
TITLE 20.—Time to vote to be allowed employees, etc. Two hours al- SECTION 2349. Any person entitled to vote at a general election lowed. held within this Territory shall, on the day of such election, be enti
tled to absent himself from any service or employment at which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls; and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall
any deduction be made on account of such absence from his usual Proviso.
salary or wages: Provided, however, That application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to an employee the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or who shall, directly or indirectly, violate the provisions of this
title, shall be guilty of a misdemeanor and punished as provided in Penalty. section 77 [confinement in county jail for not less than one month or
more than six months).
TITLE 32.—Exemption of wages from attachment, etc. SECTION 2732. The earnings of the debtor for his personal services Thirty days' for thirty days next preceding the date of the levy, when it shall be earning exmade to appear by the debtor's affidavit or otherwise that such earnings are necessary for the use of his family, residing in this Territory, supported wholly or partly by his labor, shall be exempt [from attachment or execution].
Title 35.- Right of action for injuries-- Liability of employers. SECTION 2764. Whenever the death of any person shall be caused by Right of action wrongful act, neglect or default and the act, neglect or default is such accrues, when. as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued, 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 murder in the first or second degree or manslaughter.
Sec. 2765. Every such action shall be brought by and in the name Who may sue. of the personal representative of such deceased person: And, provided, That the father, or in the case of his death or desertion of his family, the mother, may maintain the action for the death of a child, and the guardian for the death of his ward; and the amount recovered in every such action shall be distributed to the parties and in the proportions provided by law in relation to the distribution of personal estate left by persons dying intestate.
Sec. 2766. In every such case the jury shall give such damages as Damages. they shall deem fair and just, not exceeding five thousand dollars, and the amount so recovered shall not be subject to any debts or liabilities of the deceased: Provided, That every such action shall be commenced within one year after the death of such deceased person. If Limitation. the defendant in any such action die pending the suit, his executor or administrator may be made a party and the suit be prosecuted to judgment as though such defendant had continued alive. The judg: ment in such case, if rendered in favor of the plaintiff, shall be paid in due course of administration.
SEC. 2767. Every corporation doing business in the Territory of Acts of fellowArizona, shall be liable for all damages done to any employee in con
servants. sequence of any negligence of its agents or employees to any person sustaining such damage: Provided, Such corporation has had previous notice of the incompetency, carelessness or negligence of such agent or employee.
TITLE 40.— Wager preferred— In assignments, administration, etc. SECTION 2928. In all assignments of property made by any person Wages to be to trustees or assigns on account of the inability of such person at the paid first. time of his assignment, to pay his debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, clerks or laborers, employed by such person, to the amount of two hundred dollars each, and for services rendered within sixty days previous to any such assignment, are and shall be, preferred claims, and shall be paid by such trustee, receiver or assignee, before any other creditor or credit. In assignors of such assignor: Provided, That such claims shall be filed with ments.
Proviso. such trustee, receiver or assignor Cassignee), duly verified by the oath of such creditor, or by some person for him, and notice of such filing be served in writing on such assignor, or on some one acting for him, within five days after the filing of the same, with such receiver, trustee or assignee, or by filing with such trustee, receiver or assignee, said notice in writing for said assignor, and the leaving of said notice with said assignee, trustee or receiver, shall be deemed sufficient notice for such assignor.
SEC. 2929. In case of the death of an employer the wages of each In administraminer, mechanic, salesman, clerk, servant and laborer for services
H. Doc. 733, 58-2-8
rendered within sixty days next preceding the death of the employer: not exceeding two hundred dollars, ranks in priority next after the funeral expenses, expenses of the last sickness, the charges and expenses of administering upon the estate and the allowance to the widow and infant children, and must be paid before any other claims
against the estate of the deceased person. In exe ons, Sec. 2930. In cases of execution, attachment and writs of similar etc.
nature, issued against any person, except for claims for labor done, and which are claiming protection under this act, any miners, mechanics, salesmen, servants and laborers who have claims against the defendant for labor done, may give notice of their claims, and the amount thereof, sworn to by the persons making the claim, or some one for them, to the creditor, defendant debtor, or to their agents or attorneys acting for them, and to the officer executing either of such writs, at any time within three days before the actual sale of the property levied on.
And such officer shall file such sworn statement with the clerk of the court in which the cause is pending, and unless such claim shall be disputed by such debtor or creditor before such sale, such officer shall pay such person out of the proceeds of such sale the amount each is entitled to receive for such services rendered within sixty days next preceding the levy of the writ, not exceeding the sum of two hundred dollars to each; and upon the failure of any such officer to do so, he shall forfeit to the claimant whom he refuses or fails to pay, the amount of his claim to be recovered by civil action at the suit of such claimant, and be responsible therefor on his official bond.
If any of the claims so presented, and claiming preference under this section, are, or shall be disputed, either by the debtor or creditor, or any lien holder, the same must be done in writing before such sale, specifying the reasons for disputing the same, which written statement disputing any claim of lien shall be verified and delivered to the officer before the sale and shall by him be filed in the court in which the action is pending, and the officer shall, out of the first moneys received, pay all claims not disputed: Provided, That if the total amount of all the claims presented exceeds the amount of money in the hands of the officer, derived from such sale, such officer shall pay to the holders of such undisputed claims, their pro rata of such money, and shall pay the pro rata amount of the disputed claims, together with such sum for costs as the court may order into court; and the court or justice shall in the action cite all parties interested by citation to the parties or notice to their attorneys of record; and in a summary manner determine the question of the validity of such disputed claims: Provided, however, Upon a proper showing either by the judgment debtor, creditor, any lien holder or the officer making the sale the court may determine the validity of all claims of lien and the rights of all parties and order and direct the officer in distributing the proceeds of sale.
TITLE 41.-Right of action for personal injuries, etc. - Limitation. Actions within
SECTION 2949 (as amended by act No. 16, Acts of 1903). There shall one year.
be commenced and prosecuted within one year after the cause of action shall have accrued, and not afterward, all actions or suits, in court, of the following description:
1. Actions for injuries done to the person of another.
4. An action upon a liability created by statute, other than a penalty or forfeiture.
TITLE 4.–Protection of employees as voters. Coercion, etc., SECTION 42. * * It shall be unlawful for any employer, either by employers. corporation, association, company, firm or person, in paying its, theiror
his employees the salary or wages due them, to inclose their pay in