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STATUTES OF 1893.
CHAPTER 17.-Liability of stockholders of mining and manufactur.
ing corporations for debts due employees.
Stockholders PARAGRAPH 1074. The stockholders of any corporation formed jable for wage for the purposes mentioned in this article [mining, manufacturing, .
etc.) shall be jointly and severally liable, in their individual capacities, for all debts due to mechanics, workmen and laborers employed by such corporation, which said liability may be enforced against any stockholders by an action at any time after an execu
tion against such corporation shall be returned not satisfied : ProProvisos. vided, Such action be commenced within four months : And pro
vided always, That if any stockholder shall be compelled by any such action to pay the debts of any creditor, or any part thereof. he shall have the right to call upon all the stockholders to contribute their part of the sum so paid by him as aforesaid, and may sue them jointly or severally, or any number of them, and recover in such action the ratable amount due from the person or persons so sued.
CHAPTER 25.--Sunday labor.
Classes of la- PARAGRAPH 1878. The following are the acts forbidden to be bor forbidden. done on the first day of the week, the doing of any of which is
First. Servile labor.
Fifth. Serving process, unless authorized by law so to do.
week is prohibited, excepting works of necessity or charity. Observance of Par. 1880. It is a sufficient defense in proceedings for servilė another day.
labor on the first day of tbe week, to show that the accused uniformly keeps another day of the week as holy time, and does not labor upon that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in
observing the first day of the week as holy time. Trades etc., Par. 1882. All trades, manufactures and mechanical employforbidden.
ments, upon the first day of the week, are prohibited. Penalty.
Par. 1885. Every person guilty of Sabbath breaking is punishable by a fine of one dollar for each offense.
CHAPTER 25.—Intorication of railroad employees.
Intoxication PARAGRAPH 2275. Every person who, while in charge, as engiof engineer, etc. neer, of a locomotive engine, or while acting as conductor or
driver upon a railroad train or car, whether propelled by steam or drawn by horses, if intoxicated, is guilty of a misdemeanor.
CHAPTER 25.—Negligence of employees on railroads. Negligence PARAGRAPH 2276. Every engineer, conductor, brakeman, switch end angering
tender, or other officer, agent or servant of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor.
CHAPTER 25.—Intimidation of employers and employees. Intimidating PARAGRAPH 2544. Every person who, by any use of force, threats workingmen.
or intimidation, prevents or endeavors to prevent any hired foreman, journeyman, apprentice, workman, laborer, servant or other
person employed by another, from continuing or performing his work, or from accepting any new work or employment, or induce such hired person to relinquish his work or employment, or to return any work he has in hand, before it is finished, is guilty of a misdemeanor.
PAR. 2545. Every person who, by any use of force, threats or Intimidating intimidation, prevents or endeavors to prevent another from em- employers. ploying any person, or to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a misdemeanor. CHAPTER 25.-Employment of women and children-Hours of
Ten hours a
PARAGRAPH 2550. Every owner, stockholder, overseer, employer, clerk or foreman, of any manufactory, workshop, or other place day's labor. used for mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceed- Penalty. ing one hundred and not less than ten dollars.
CHAPTER 34.--Exemption of wages from attachment, etc.
PARAGRAPH 2844. The following property shall be reserved to Ninety days'
earnings the head of every family residing in the Territory exempt from
empt. attachment or execution and every other species of forced sale for the payment of debts, except as hereinafter provided :
Sixteenth. All current wages and earnings for personal or professional services earned within the last ninety days.
To constitute a head of a family requires a condition of dependence on the part of others whom one is under legal or moral obligations to support. An unmarried man supporting a dependent mother and sister is the head of a family within this section. 73 Pac. Rep. 291.
PAR. 2846. The following property shall be reserved to persons Current who are not heads of a family, exempt from attachment, execution wages. and every other species of forced sale; except for liens given by the owners :
Second. The earnings of the wife are not liable for the debts of Wife's earn
ings are sepathe husband,
rate property. CHAPTER 59.-Earnings of minors.
PARAGRAPH 3562. The wages of a minor employed in service Payment of may be paid to him or her until the parent or guardian entitled wages to mi. thereto gives the employer notice that he claims such wages.
when. CHAPTER 66.-Eremption of wages from garnishment, etc.
PARAGRAPH 4383. The judge may order any property of the Three months' judgment debtor, not exempt by law, in the hands either of him- earnings exself or any other person or corporation, or due to the judgment empt, when. debtor, to be applied toward the satisfaction of the judgment, and may enforce the same by proceedings for contempt, in case
of refusal or disobedience; but the earnings of the debtor for his personal services, at any time within three months next preceding the order, can not be so applied, when it is made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of a family supported wholly or partly by
his labor. Same subject. Par. 4384. The earnings of a debtor, who is a resident of this
Territory, for his personal services at any time within three months next preceding the issuing of an execution, attachment or garnishment process, cannot be applied to the payment of his debts when it is made to appear by the debtor's affidavit or other
wise that such earnings are necessary for the maintenance of a Provisos. family supported wholly or partly by his labor : Provided, That
at the time of filing such affidavit the debtor shall notify the plaintiff or his agent or attorneys thereof in writing: And provided, That nothing herein contained shall prevent the adverse party from controverting the matters sought to be proven by such affidavit by counter affidavit, or if sought to be proven in any other manner the same may be controverted by any competent evidence: And provided further, That such counter affidavit shall be filed within twenty-four hours after the notice of the filing of the said debtor's affidavit, and final hearing shall be had thereon at a time to be fixed by the court within ten days from the notice of the filing of the debtor's affidavit if pending in the justice's court, and if pending in the district court it shall be tried at the first term held after filing such affidavit.
CHAPTER 67.-Exemption of wages from erecution, etc. Three months' PARAGRAPH 4803. The earnings of the debtor for his personal earnings e X - services, at any time within three months next preceding the issuempt, when.
ing of an execution, can not be applied to the payment of his debts, when it is made to appear, by the debtor's affidavit or otherwise, that such earnings are necessary for the maintenance of a family supported wholly or partly by his labor.
CHAPTER 72.-Hours of labor on public roads. Eight hours a PARAGRAPH 5726 (as amended by chapter 29, Acts of 1899). All day's labor.
male persons between twenty-one and fifty years of age, who have resided thirty days in this Territory, who are capable of perforning labor on public highways, and who are not a township or county charge, shall be liable each year to perform four days' work of eight hours each on the public roads,
ACTS OF 1895.
CHAPTER 51.-Suits for wages--Attorney's fees.
Attorneys Section 1. In all cases within the jurisdiction of a justice of fees to be al- the peace, where any action is brought by any laborer of any kind, lowed, when.
clerk, servant, nurse or other person, for compensation claimed due for personal services performied, if a recovery be had in such action, the plaintiff shall, in addition to the amount found due, be entitled to recover as part of the costs, a judgment against the defendant, for an attorney's fee of not less than two dollars and fifty cents, and not more than fifteen dollars, to be fixed by the
court, for the use and benefit of plaintiff's attorney, together with Proviso. costs : Provided, houerer, That if the defendant appear before the
time set for trial, and offer to confess judgment for a sum of money and costs, and make a tender of the same, and the plaintiff, on trial, fails to recover a greater sum, then no attorney's fees or costs incurred after the tender shall be taxed against the
defendant. Claim must be Sec. 2. Any person claiming the benefit of this act shall state in stated,
his petition that his claim is due for personal services, and the court shall state upon the records that fact, if judgment be recorered; and when an execution is issued thereon, it shall be endorsed "For personal services," and the defendant shall bold no property exempt from levy under such execution, any exemption law to the contrary potwithstanding.
ACTS OF 1897.
CHAPTER 13, ARTICLE 4.-Blacklisting.
SECTION 1. No company, corporation or individual shall black- Blacklisting Jist or require a letter of relinquishment, or publish, or cause to forbidden. be published, or blacklisted, any employee, mechanic or laborer, discharged from or voluntarily leaving the service of such company, corporation or individual, with intent and for the purpose of preventing such employee, mechanic or laborer, from engaging in or securing similar or other employment from any other corporation, company or individual. SEC. 2. Any person or persons, company or corporation violating
Penalty. this act shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in any sum of not less than one hundred dollars, nor more than five hundred dollars, and any person so blacklisted shall have the right of action to recover damages.
CHAPTER 40.—Trade-marks, etc., of trade unions.
SECTION 1. Whenever any person or any association or union of Counterfeit. workingmen has heretofore adopted or used or shall hereafter ing labels, etc.,
unlawful. adopt or use any label, trade-mark, term, design, device or form of advertisement for the purpose of designating, making known or distinguisbing any goods, wares, merchandise or other product of labor, as having been made, manufactured, produced, prepared, packed or put on sale by such person or association or union of workingmen, or by a member or members of such association or union, it shall be unlawful to counterfeit or imitate such label, trade-mark, term, design, device or form of advertisement, or to use, sell, offer for sale, or in any way utter or circulate any counterfeit or imitation of any such label, trade-mark, term, design, device or form of advertisement.
SEC. 2. Whoever counterfeits or imitates any such label, trade- Penalty. mark, term, design, device or form of advertisement, or sells, offers for sale, or in any way utters or circulates any counterfeit or imitation of any such label, trade-mark, term, design, device or form of advertisement, or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor to which, or on which, any such counterfeit or imitation is printed, painted, stamped or impressed, or knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can or package to which, or on which, any such counterfeit or imitation is printed, painted, stamped or impressed, or knowingly sells or disposes of any goods, wares, merchandise or other product of labor contained in any box, case, can or package, to which or on which, any such counterfeit or imitation is attached, affixed, printed or painted, stamped or impressed, or keeps or has in his possession, with intent that the same shall be sold or disposed of, any goods, wares, merchandise or other product of labor in any box, case, can or package to which or on which any such counterfeit or imitation is attached, affixed, printed, painted, stamped or impressed, shall be punished by a fine of not more than a hundred dollars or by imprisonment for not more than three months.
Sec. 3. Every such person, association or union that has hereto- Copies of lafore adopted or used, or shall hereafter adopt or use, a label, trade- bel to be filed. mark, term, design, device or form of advertisement as provided in section 1 of this act, may file the same for record in the office of the secretary of the Territory of Oklahoma by leaving two copies, counterparts or facsimiles thereof with said secretary, and by filing therewith a sworn application specifying the name or
names of the person, association or union on whose behalf such label, trade-mark, term, design, device or form of advertisement shall be filed; the class of merchandise and a description of the goods to which it has been or is intended to be appropriated, stating that the party so filing, or on whose behalf such label, trademark, term, design, device or form of advertisement shall be filed, has the right to the use of the same; that no other person, firm, association, union or corporation has the right to such use, either in the identical form or in any such near resemblance thereto as may be calculated to deceive, and that the facsimile or counterparts filed therewith are true and correct. There shall be paid for such filing and recording a fee of one dollar. Said secretary shall deliver to such person, association or union so filing or caus
ing to be filed any such label, trade-mark, term, design, device or Certificates. form of advertisement, so many duly attested certificates of the
recording of the same as such person, association or union may apply for, for each of which certificates said secretary shall receive a fee of one dollar. Any such certificate of record shall, in all suits and prosecutions under this act, be sufficient proof of the adoption of such label, trade-mark, term, design, device or form of advertisement. Said secretary of the Territory shall not record for any person, union or association any label, trade-mark, term, design, device or form of advertisement that would probably be mistaken for any label, trade-mark, term, design, device
or form of advertisement. False repre
Sec. 4. Any person who shall for himself, or on behalf of any sentations. other person, association or union, procure the filing of any label,
trade-mark, term, design or form of advertisement in the office of the secretary of the Territory under the provisions of this act, by making any false or fraudulent representations or declaration, verbally or in writing, or by any fraudulent means, shall be liable to pay any damages sustained in consequence of any such filing, to be recovered by, or on behalf of the party injured thereby, in any court having jurisdiction, and shall be punished by a fine not esceeding one hundred dollars, or by imprisonment not to exceed
three months. Enjolning Sec. 5. Every such person, association or union adopting or using counterfeiting,
a label, trade-mark, term, device or form of advertisement as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof, and all courts of competent jurisdiction shall grant injunctions to restrain such manufacture, use, display or sale, and may award the complainant in any such suit, damages resulting from such manufacture, use, sale or display, as may be by the said court deemed just and reasonable, and shall require the defendants to pay to such persons, associations or union, all profits derived from such wrongful manufacture, use, display or sale, and such court shall also order that all counterfeits or imitations in the possession or under the control of any defendant in such cause be delivered to
an officer of the court, or to the complainant, to be destroyed. Unauthorized SEC. 6. Every person who shall use or display the genuine label,
trade-mark, term, design, device or form of advertisement of any such person, association or union, in any manner not being authorized so to do by such person, union or association, shall be deemed guilty of a misdemeanor and shall be punished by imprisonment for not more than three months or by a fine of not more than one hundred dollars. In all cases where such association or union is not incorporated, suits under this act may be commenced and prosecuted by an officer or member of such association or union
on behalf of, and for the use of, such association or union. Use of name. SEC. 7. Any person or persons who shall in any way use the
name or seal of any such person, association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than three months, or by a fine of not more than one hundred dollars.