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any person keeping or attending any ferry shall willingly transport or suffer to be transported over such ferry any fugitive seaman, without a certificate of discharge being in possession of such seaman, such offender shall be punished as for a misdemeanor.

SEC. 654. If any sailor boarding-house keeper, a runner, or shipping Same subject. master, or other person, shall hire, receive, or entertain, or ship any seaman belonging to, or pretending to be discharged from, any vessel, without a certificate of discharge being in possession of said seaman, or shall aid or be concerned in any manner in the shipping, or offering to ship such seaman, the person thus offending shall be punished as for a misdemeanor. Any order given by such seaman for advance wages shall be void.

tion.

SEC. 655. If any person shall aid an articled seaman or apprentice to Aiding deserdesert from or leave his vessel while in the waters of this State, or shall inveigle, entice, convey away, abduct, or carry, with or without violence, or secretly carry off an articled seaman or apprentice from any such vessel, or shall board such vessel with intent to do so, he shall be punished as for a misdemeanor.

This statute is constitutional. 36 S. E. Rep. 979.

Harboring de

SEC. 656. If any person shall harbor, secrete, entertain, lodge, or keep, an articled seaman or apprentice, or shall, directly or indirectly, serters. suffer the same to be done in or about his house or premises, knowing such seaman or apprentice to have deserted from his vessel, he shall be punished as for a misdemeanor.

DIVISION 12.-Employment of children-Certain employments forbidden.

SECTION 706. Any person who shall sell, apprentice, give away, let out, or otherwise dispose of any child under twelve years, to 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.

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SEC. 707. Whenever a child shall be disposed of in violation of the Receiving chilpreceding section, the person who, under such selling, apprenticing, dren. 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 punish- Penalties. able 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. * * *

ACTS OF 1898.

ACT No. 19.—Exemption of wages—Unlawful assignment of claims.

(Page 90.)

State.

SECTION 1. From and after the passage of this act, whoever assigns Sending claims or transfers or sends out of this State, by himself or agents, any claim for wages out of 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 conviction shall be punished by a fine of not less Penalty. than ten dollars and not exceeding fifty dollars for each account or claim so unlawfully transferred, or assigned, or sent out of this State

Evidence.

Counterfeiting

tion.

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 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.

ACT No. 311.-Forgery, etc., of cards of railroad labor organizations and of employers' certificates.

(Page 79.)

SECTION 1. From and after the passage of this act, any person who card of associa- shall make, alter, forge or counterfeit any card or receipt of dues 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

cate.

em

SEC. 2. Any person who shall falsely make, alter, forge or counterployer's certifi- feit any letter or certificate purporting to be given by any corporation 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.

Uttering or cards, etc.

SEC. 3. Any person who shall willfully and knowingly utter, pubhaving false lish, pass or tender as true, or who shall have in his possession 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.

Penalty.

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.

What sum may

etc.

ACT No. 428.-Payment of wages due deceased employees of corporations.

(Page 60.)

SECTION 1. From and after the passage of this act it shall be lawful be paid widow, upon the death of any person employed by any railroad 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 Payment rerequired to pay over said fund on the demand of said widow, and in quired. 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.

ACT No. 390.-Interference with employment.

SECTION 1 (as amended by act No. 307, page 91, Acts of 1903). 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.

Payment is release.

Employment

of person under

contract.

SEC. 2. Any person violating the provisions of the foregoing section Penalty. 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 annual 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 Defenses. 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.

law.

SEC. 4. The provisions of this act shall not apply where the employ- Application of ment 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.

Agents to be taxed.

Fraudulently

procuring

vances.

Evidence.

ACTS OF 1902.

ACT No. 96.-Emigrant agents.

(Page 20.)

SECTION 2. * * * The following specific taxes shall be levied and collected for each of said fiscal years:

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Tenth.-Upon each emigrant agent, or employer or employee of such agents, doing business in this State, the sum of five hundred dollars for each county in which such business is conducted.

This provision, embodied in the tax law of 1898, was held to be constitutional. 21 Sup. Ct. Rep. 128.

ACTS OF 1903.

ACT No. 345.-Contract of employment with intent to defraud.

(Page 90.)

SECTION 1. From and after the passage of this act if any person shall ad-contract with another to perform for him services of any kind 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.

Chinese immi

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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.

HAWAII.

ACTS OF U. S. CONGRESS, 1897-98.

*

JOINT RESOLUTION NO. 55.-Exclusion of Chinese laborers. SECTION 1. * * There shall be no further immigration of re-Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.

Specific per

bor contract.

ACTS OF U. S. CONGRESS, 1899–1900.
CHAPTER 339.-Contracts of employment-Alien labor.

SECTION 10.

*

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* * Provided, That no suit or proceedings shall formance of la- be maintained for the specific performance of any contract heretofore or hereafter entered into for personal labor or service, nor shall any remedy exist or be in force for breach of any such contract, except in a civil suit or proceeding instituted solely to recover damages for such breach: Provided further, That the provisions of this section shall not modify or change the laws of the United States applicable to merchant

Certain tracts null.

seamen.

con- All contracts made since August twelfth, eighteen hundred and ninety-eight, by which persons are held for service for a definite term, are hereby declared null and void and terminated, and no law shall be passed to enforce said contracts in any way; and it shall be the duty of the United States marshal to at once notify such persons so held of the termination of their contracts.

labor.

The act approved February twenty-six, eighteen hundred and, Alien contract eighty-five, "To prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia," and the acts amendatory thereof and supplemental thereto, are hereby extended to and made applicable to the Territory of Hawaii. [For law, see under United States, title 29, Alien contract labor, post.]

*

CHAPTER 339.-Collection of statistics.

bor, etc.

SECTION 76. * * It shall be the duty of the United States Com-, Statistics of lamissioner of Labor to collect, assort, arrange, and present in annual reports statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects as Congress may, by law, direct. The said commissioner is especially charged to ascertain, at as early a date as possible, and as often thereafter as such information may be required, the highest, lowest, and average number of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress.

CHAPTER 339.-Registration of Chinese.

SECTION 101. Chinese in the Hawaiian Islands when this act takes Certificates of residence. effect may within one year thereafter obtain certificates of residence as required by "An act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninetytwo, as amended by an act approved November third, eighteen hundred and ninety-three, entitled "An act to amend an act entitled 'An act to prohibit the coming of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two," and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificate: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands.

ACTS OF U. S. CONGRESS, 1901-2.

CHAPTER 641.-Exclusion of Chinese laborers.

[See under United States, Acts of 1901-2, post.]

CIVIL LAWS OF 1897.

CHAPTER 64.-Contracts of employment-Stamp duties.

Proviso.

SECTION 918. From and after the coming into operation of this act, Stamp duty. there shall be due and payable to the government [of the Territory] in respect of the several deeds, documents, and instruments mentioned and specified in the schedule hereinunder written, the several sums of money for stamp duty set forth in the said schedule.

SEC. 941. Schedule.- * * * Contracts between masters and servants for labor, $1.

If for more than one year, then for each year or part of a year after the first, $1. (This duty to be charged on the original and duplicate copies, fifty cents on each copy for each year, or fractional part thereof, of the term of the contract, and to be paid by the employer.)

*

*

Labor contracts.

CHAPTER 123.-Earnings of married women.

Earnings sep

SECTION 1886. All work and labor performed, or services rendered, arate property. by a married woman for or to a person other than her husband and children, shall, unless there is an express agreement on her part to the contrary, be presumed to be performed or rendered on her separate account.

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