Page images
PDF
EPUB

ARIZONA.

REVISED STATUTES OF 1887.

TITLE 4.-Exemption from garnishment-Wages.

SECTION 98. Earnings for personal services rendered at any time 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 a family supported wholly or in part by his labor.

TITLE 27.-Exemption from execution, etc.-Personal property.

SECTION 1956. There shall be reserved to every family exempt from attachment and execution and every species of forced sale for the payment of debts, personal property not to exceed in value the sum of one thousand dollars.

SECTION 1962. The earnings of the debtor for his personal services for thirty days next preceding the date of the levy, when it shall be made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the use of a family, supported wholly or in part by his labor shall be exempt.

TITLE 23.—Exemption from execution, etc.—Homesteads.

SECTION 2071. Every person who is the head of a family may hold as a homestead, exempt from execution and forced sale, real property to be selected by him or her not exceeding in value the sum of $4,000.00-four thousand dollars.

SECTION 2073. The claim of the homestead provided for in this act may be made by the husband, or by his wife, or by any unmarried person who is the head of a family, or by any one having charge of the premises in behalf of the owner thereof, if such owner be entitled to claim a homestead.

SECTION 2085. Land other than that upon which claimant resided may be held as a homestead.

TITLE 34.-Earnings of married women.

SECTION 2101. The earnings * * * of the wife and of her minor children in her custody while she has lived or may live separate and apart from her husband, shall also be the separate property of the wife.

TITLE 51.-Convict labor.

SECTION 2424. The board of commissioners shall lease from time to time as it can be done to advantage, convict labor, to be employed by the lessees in such manufacturing enterprises as the board may deem proper and under such rules and regulations as they may prescribe, but every corporation, firm or person leasing any of such convict labor shall employ the same within the prison walls and shall have the right to introduce machinery, tools, raw material and instructors necessary to the successful prosecution of their manufacturing business. SECTION 2459. Persons confined in the county jail under a judgment of imprisonment rendered in a criminal action or proceeding may be required by an order of the board of supervisors to perform labor on the public works or ways in the county.

ACTS OF 1889.

ACT NO. 10.-Wages preferred, in assignments, administrations, executions, etc. SECTION 1. In all assignments of property made by any person to trustees or assigns on account of the inability of the person at the 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 previously, are preferred claims and must be paid by such trustees or assigns before any other creditor or creditors of the assignors.

SECTION 2. In case of the death of an employer the wages of each miner, mechanic, salesman, clerk, servant and laborer for services rendered within sixty days next preceding the death of the employer, not exceeding two hundred dollars, rank 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 claim against the estate of the deceased person.

SECTION 3. In cases of execution, attachments and writs of a similar nature, issued against any person, except for claims for labor done. Any miners, me

chanics, salesmen, servants and laborers who have claims against uue defendant for labor done, may give notice of their claims and the amounts thereof, sworn to by the person making the claim, to the creditor, and the officer executing either of such writs at any time 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 is disputed by the debtor or a creditor before such sale, such officer must pay such person out of the proceeds of the sale the amount each is entitled to receive for services rendered, within sixty days next preceding the levy of the writ, not exceeding the sum of two hundred dollars. If any or all of the claims so presented, and claiming preference under this section, are disputed, either by a debtor or a creditor, the person presenting the same must commence an action within ten days after notice in writing of such fact served upon him by such disputing debtor or creditor for the recovery thereof, and must prosecute his action with due diligence or be forever barred from any claim of priority of payment thereof, and the officer shall retain possession of so much of the proceeds of the sale as may be necessary to satisfy such claim, until the determination of such action; and in case such judgment be had for the claim, or any part thereof, carrying costs, the cost taxable therein shall likewise be a preferred claim, with the same rank as the original claim.

ARKANSAS.

CONSTITUTION OF 1874.

ARTICLE 9.-Exemption from execution, etc.-Personal property.

SECTION 1. The personal property of any resident of this State who is not married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of two hundred dollars in addition to his or her wearing apparel, shall be exempt from seizure on attachment, or sale or execution, or other process from any court issued for the collection of any debt by contract; provided that no property shall be exempt from execution for debts contracted for the purchase money therefor while in the hands of the vendee. SECTION 2. The personal property of any resident of this State who is married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of five hundred dollars in addition to his or her wearing apparel, and that of his or her family, shall be exempt from seizure on attachment, or sale on execution, or other process from any court on debt by contract.

ARTICLE 9.-Exemption from executions, etc.-Homesteads.

SECTION 3. The homestead of any resident of this State who is married or the head of a family shall not be subject to the lien of any judgment, or decree of any court, or to sale under execution or other process thereon, except such as may be rendered for the purchase money or for specific liens, laborers, or mechanics' liens for improving the same, or for taxes, or against executors, administrators, guardians, receivers, attorneys for moneys collected by them and other trustees of an express trust for moneys due from them in their fiduciary capacity.

SECTION 4. The homestead outside of any city, town or village, owned and occupied as a residence, shall consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, to be selected by the owner, provided the same shall not exceed in value the sum of twenty-five hundred dollars, and in no event shall the homestead be reduced to less than eighty acres, without regard to value.

SECTION 5. The homestead in any city, town or village, owned and occupied as a residence, shall consist of not exceeding one acre of land, with the improvements thereon, to be selected by the owner, provided the same shall not exceed in value the sum of two thousand five hundred dollars, and in no event shall such homestead be reduced to less than one quarter of an acre of land, without regard to value.

SECTION 6. If the owner of a homestead die, leaving a widow, but no children, and said widow has no separate homestead in her own right, the same shall be exempt and the rents and profits thereof shall vest in her during her natural life, provided that if the owner leaves children, one or more, said child or children shall share with said widow and be entitled to half the rents and profits till each of them arrives at twenty-one years of age-each child's right to cease at twenty-one years of age-and the shares to go to the younger children, and then all to go to the widow, and provided that said widow or children may reside

on the homestead or not; and in case of the death of the widow all of said homestead shall be vested in the minor children of the testator or intestate.

SECTION 10. The homestead provided for in this article shall inure to the benefit of the minor children, under the exemptions herein provided, after the decease of the parents.

DIGEST OF 1884.

CHAPTER 10.-Attachment of vessels for wages.

SECTION 395. All boats and vessels, of all descriptions, built, repaired, equipped or running upon any of the navigable waters of this State, shall be liable for contracts of every kind made by the owners, masters or supercargoes of such boats or vessels, for or on account of such boats or vessels.

*

SECTION 397. For all contracts * * mentioned in this act, such boats or vessels may be sued by name or description, and attached, in the manner now prescribed by law. Act Dec. 7, 1860, secs. 1-3.

SECTION 398. Debts due from the owners or proprietors of * * * boats or vessels, for the wages of mariners, boatmen and others employed in the service of said boats or vessels, shall have preference over all other debts and claims and be first paid.

SECTION 404. All engineers, pilots, mariners, boatmen and others employed in any capacity in or about such boat or vessel, who may be entitled to arrearages of wages in consequence of such services, may proceed to collect such wages under the provisions of this act, and shall be entitled to all the benefits thereof.

CHAPTER 39.-Convict labor.

SECTION 1210. Any person who may be convicted of any misdemeanor or petty offense in any of the courts of this State, any who shall be committed to jail in default of the payment of the fines and costs adjudged against him, shall be required to discharge such fines and costs by manual labor in any manual labor workhouse, or any farm attached thereto, or any road, bridge or other public work in the county where the conviction and committal were had.

SECTION 1214. It shall be the duty of the sheriff or constable, immediately after the conviction of any person of any misdemeanor, to proceed at once to hire said person out to some person, company or corporation. * *

*

*

*

SECTION 1226. The county court is hereby authorized and empowered to make a contract with some responsible person or persons for the maintenance, safekeeping and working of persons committed to the county jail. * SECTION 1233. It shall be the duty of said contractor to safely keep said prisoners, and he may work the said prisoners on & farm, or at any other lawful labor. * * *

* * *

CHAPTER 45.-Sunday labor.

SECTION 1883.-Every person who shall, on the Sabbath or Sunday, be found laboring, or shall compel his apprentice or servant to labor or to perform other services than customary household duties, of daily necessity, comfort or charity, on conviction thereof, shall be fined one dollar for each separate offense. SECTION 1884.-Every apprentice or servant compelled to labor on Sunday shall be deemed a separate offense of the master.

SECTION 1885. The provisions of this act shall not apply to steamboats and other vessels navigating the waters of the State, nor to such manufacturing establishments as require to be kept in continual operation.

SECTION 1887.-(As amended by Act No. 33, acts of 1885.) Every person who shall, on Sunday, keep open any store or retail any goods, wares and merchandise, or keep open any dram shop or grocery, * * * shall, on conviction thereof, be fined in any sum not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars.

SECTION 1888.-Charity or necessity on the part of the customer may be shown in justification of the violation of the last preceding section.

CHAPTER 60.-Exemption from execution, etc.-Personal property. SECTION 2992. The personal property of any resident of this State, who is not married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of two hundred dollars, in addition to his or her wearing apparel, shall be exempt from seizure on attachment, or sale on execution, or other process from any court, issued for the collection of any debt by contract: Provided, That no property shall be exempt from execution for debts contracted for the purchase money therefor while in the hands of the vendee.

SECTION 2993. The personal property of any resident of this State, who is married or the head of a family, in specific articles to be selected by such resident, not exceeding in value the sum of five hundred dollars, in addition to his or her wearing apparel and that of his or her family, shall be exempt from seizure on attachment, or sale on execution, or other process from any court, on debt by contract.

CHAPTER 60.-Exemption from execution, etc.-Homesteads.

SECTION 2994. The homestead of any resident of this State, who is married or the head of a family, shall not be subject to the lien of any judgment or decree of any court, or to sale under execution, or other process thereon, except such as may be rendered for the purchase money, or for specific liens, laborers' or mechanics' liens for improving the same, or for taxes, or against executors, administrators, guardians, receivers, attorneys, for moneys collected by them, and other trustees of an express trust, for moneys due from them in their fiduciary capacity.

SECTION 2995. The homestead, outside any city, town or village, owned and occupied as a residence, shall consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, to be selected by the owner: Provided, The same shall not exceed in value the sum of twenty-five hundred dollars, and in no event shall the homestead be reduced to less than eighty acres, without regard to value.

SECTION 2996. The homestead, in any city, town or village, owned and occupied as a residence, shall consist of not exceeding one acre of land, with the improvements thereon, to be selected by the owner: Provided, The same shall not exceed in value the sum of two thousand five hundred dollars, and in no event shall such homestead be reduced to less than one-quarter of an acre of land, without regard to value.

*

* *

CHAPTER 71.-Exemption from garnishment, etc.-Wages. SECTION 3422. The time wages of all laborers and mechanics, not exceeding their wages for sixty days, shall be exempt from seizure by garnishment, or other legal process: Provided, That the defendant in any case shall file with the court from which such process shall issue a sworn statement that said sixty days' wages, claimed to be exempt, is less than the amount exempt to him under the constitution of the State, and that he does not own sufficient other personal property, which, together with the said sixty days' wages, would exceed in amount the limits of said constitutional exemption.

CHAPTER 96.-Laborer leaving employer without cause.

SECTION 4449. If any laborer shall, without good cause, abandon his employer before the expiration of his contract, he shall be liable to such employer for the full amount of any account he may owe him, and shall forfeit to his employer all wages or share of crop due him, or which might become due him from his employer.

CHAPTER 96.-Enticing employés.

SECTION 4451. If anyone shall wilfully interfere with, entice away, knowingly employ or induce a laborer or renter who has contracted as herein provided to leave his employer or the place rented before the expiration of his contract, he shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined in any sum not less than twenty nor more than two hundred dollars, and, in addition to such fine, he shall be liable to the employer in double the amount of damages which such employer or landlord may suffer by such abandonment.

CHAPTER 104.-Earnings of married women.

SECTION 4625. A married woman may * * perform any labor or services on her sole and separate account; and the earnings of any married woman, from her * * * labor or services, shall be her sole and separate property, and may be used or invested by her in her own name; and she may alone sue or be sued in the courts of this State on account of the said property * * or services.

*

CHAPTER 118.-Convict labor.

SECTION 4871. The governor, secretary of state and attorney-general are hereby constituted a board of commissioners for the management and leasing of the State penitentiary, labor of convicts, machinery, buildings and all other

property thereto belonging, for periods of ten years from the expiration of the present lease, as hereinafter provided.

SECTION 4878. The said board of commissioners shall, twelve months prior to the expiration of the present or any subsequent lease of the penitentiary, cause notices to be published in the official paper in the city of Little Rock, and one daily paper in each of the cities of St. Louis and Memphis, for at least thirty days, that they will, until a certain day therein named which day shall be six months after date of publication-receive bids for the leasing of the said penitentiary, buildings, machinery, labor of convicts and all property thereto belonging, for the period of ten years.

*

*

* * *

* * *

SECTION 4880. On the day designated as the expiration of the time for receiving bids the governor shall * open all bids received by him for the leasing of said penitentiary, *in the presence of said board, and the said board of commissioners shall, * * * give a contract, to the highand * * * est and best responsible bidder, * if no bids be received as contemplated in this act, the said board shall lease out the said penitentito any responsible person or persons who will comply with the provisions of this act.

ary

* *

*

* *

*

*

*

*

*

* *

SECTION 4881. Before the State of Arkansas shall be bound by any contract, said contract shall expressly state and conform to ** the following stipulations, limitations, agreements and provisions, to wit:

[blocks in formation]
[blocks in formation]

Third. The lessee or lessees, as hereinbefore provided for, shall not work said convicts for more than ten hours for each working day of the week.

[blocks in formation]

SECTION 4884. The said lessee or lessees shall have and exercise entire control of the said penitentiary and the labor of said convicts.

* * *

SECTION 4892. The convicts, now or hereafter confined in said penitentiary, shall not be worked within the corporate limits of the city of Little Rock, except on public improvements and buildings and grounds owned by the State, nor elsewhere, without the walls of said penitentiary, unless under good and sufficient guard, to prevent the escape of the same, nor longer than ten hours each working day.

ACTS OF 1887.

ACT NO. 11.-Sunday labor.

SECTION 1. No person who from religious belief keeps any other day than the first day of the week as the Sabbath shall be required to observe the first day of the week, usually called the Christian Sabbath, and shall not be liable to the penalties enacted against Sabbath breaking: Provided, That no store or saloon shall be kept open or business carried on therein on the Christian Sabbath: And, provided, further, That no person so observing any other day shall disturb any religious congregation by his avocations or employments.

ACTS OF 1889.

ACT No. 61.-Employés on railroads to be paid when discharged. SECTION 1. Whenever any railroad company or any company, corporation or person engaged in the business of operating or constructing any railroad or railroad bridge, or any contractor or sub-contractor engaged in the construction of any such road or bridge, shall discharge, with or without cause, or refuse to further employ any servant or employé thereof, the unpaid wages of any such servant or employé, then earned at the contract rate, without abatement or deduction, shall be, and become due and payable on the day of such discharge, or refusal to longer employ; and if the same be not paid on such day then, as a penalty for such nonpayment, the wages of such servant or employé shall continue at the same rate until paid: Provided, Such wages shall not continue more than sixty days, unless an action therefor shall be commenced within that time. SECTION 2. No such servant or employé who secretes or absents himself to avoid payment to him, or refuses to receive the same when fully tendered, shall be entitled to any benefit under this act for such time as he so avoids payment. SECTION 3. Any such servant or employé whose employment is for a definite period of time, and who is discharged without cause before the expiration of such time may, in addition to the penalties prescribed by this act, have an action against any such employer for any damages he may have sustained by reason of such wrongful discharge, and such action may be joined with an action for unpaid wages and penalty.

« PreviousContinue »