SECTION 2013. The entire time of a domestic servant belongs to the master; and the time of other servants to such an extent as is usual in the business in which they serve, not exceeding in any case ten hours in the day.

SECTION 2014. A servant must deliver to his master.cs soon as with reasonable diligence he can find him, everything that he receives for his account, without demand; but he is not bound, without orders from his master, to send anything to him through another person.

SECTION 2015. A master may discharge any servant, other than an apprentice, whether engaged for a fixed term or not:

1. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same; or,

2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of misconduct, before or after the commencement of his service, of such a nature that, if the master had known or contemplated it, he would not have so employed him.

Mates and seamen.

(Page 354.)

SECTION 2049. All persons employed in the navigation of a ship, or upon a voyage, other than the master and mate, are to be deemed seamen within the provisions of this code.

SECTION 2050. The mate and seamen of a ship are engaged by the master, and may be discharged by him at any period of the voyage, for wilful and persistent disobedience or gross disqualification, but can not otherwise be discharged before the termination of the voyage.

SECTION 2051. A mate or seamen is not bound to go to sea in a ship that is not seaworthy; and if there is reasonable doubt of its seaworthiness, he may refuse to proceed until a proper survey has been had.

SECTION 2052. A seaman can not, by reason of any agreement, be deprived of his lien upon the ship, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any stipulation by which he consents, to abandon his right to wages in case of the loss of the ship, or to abandon any right he may obtain in the nature of salvage, is void.

SECTION 2054. Except as hereinafter provided, the wages of seamen are due when and so far only as freightage is earned, unless the loss of freightage is owing to the fault of the owner or master.

SECTION 2055. The right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens.

SECTION 2056. Where a voyage is broken up before departure of the ship, the seamen must be paid for the time they have served, and may retain for their indemnity such advances as they have received.

SECTION 2057. When a mate or seaman is wrongfully discharged, or is driven to leave the ship by the cruelty of the master on the voyage, it is then ended with respect to him, and he may thereupon recover his full wages.

SECTION 2058. In case of loss or wreck of the ship, the seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the ship, cargo, and stores.

SECTION 2063. Desertion of the ship without cause, or a justifiable discharge by the master during the voyage for misconduct, or a theft of any part of the cargo or appurtenances of the ship, or a wilful injury thereto or to the ship, forfeits all wages due for the voyage to a mate or seaman thus in fault.

SECTION 2064. A mate or seaman may not, under any pretext, ship goods on his own account without permission from the master.

Service without employment.

(Page 356.)

SECTION 2078. One who officiously, and without the consent of the real or ap parent owner of a thing, takes it into his possession for the purpose of rendering a service about it, must complete such service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about such service from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue.

VOL. III.-CODE OF CIVIL PROCEDURE.

Exemption from execution-Personal property.

(Page 312.)

SECTION 690 (as amended by chap. 84, acts of 1887). The following property is excmpt from execution, except as herein otherwise specially provided:

1. Chairs, tables, desks, and books, to the value of two hundred dollars, belonging to the judgment debtor.

2. Necessary household, table, and kitchen furniture belonging to the judgment debtor, including: One sewing machine, stoves, stovepipes, and furniture, wearing apparel, beds, bedding, and bedsteads, hanging pictures, oil paintings and drawings, drawn or painted by any member of the family, and family portraits and their necessary frames, provisions actually provided for individual or family use sufficient for three months, and three cows and their sucking calves, four hogs with their sucking pigs, and food for such cows and hogs for one month.

3. The farming utensils or implements of husbandry of the judgment debtor; also, two oxen, or two horses, or two mules, and their harness, one cart or wagon, and food for such oxen, horses, or mules, for one month; also, all seed, grain, or vegetables actually provided, reserved, or on hand for the purpose of planting or sowing at any time within the ensuing six months, not exceeding in value the sum of two hundred dollars, and seventy-five beehives, and one horse and vehicle belonging to any person who is maimed or crippled, and the same is necessary in his business.

4. The tools or implements of a mechanic or artisan necessary to carry on his trade; the notarial seal, records, and office furniture of a notary public; the instruments and chest of a surgeon, physician, surveyor, or dentist, necessary to the exercise of their profession, with their professional libraries and necessary office furniture; the professional libraries of attorneys, judges, ministers of the Gospel, editors, school teachers, and music teachers, and their necessary office furniture; also, the musical instruments of music teachers actually used by them in giving instructions, and all the indexes, ab tracts, books, papers, maps, and office furniture of a searcher of records, necessary to be used in his profession. 5. The cabin or dwelling of a miner not exceeding in value the sum of five hundred dollars; also, his sluices, pipes, hose, windlass, derrick, cars, pumps, tools, implements, and appliances necessary for carrying on any mining operations, not exceeding in value the aggregate sum of five hundred dollars and two horses, mules, or oxen, with their harness, and food for such horses, mules, or oxen for one month, when necessary to be used in any whim, windlass, derrick, car, pump, or hoisting gear; and also his mining claim, actually worked by him, not exceeding in value the sum of one thousand dollars.

6. Two horses, two oxen, or two mules, and their harness, and one cart or wagon, one dray or truck, one coupé, one hack or carriage, for one or two horses, by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster, or other laborer habitually earns his living, and one horse, with vehicle and harness or other equipments, used by a physician, surgeon, constable, or minister of the Gospel in the legitimate practice of his profession or business, with focd for such oxen, horses, or mules for one month.

7. One fishing boat and net, not exceeding the total value of five hundred dollars, the property of any fisherman, by the lawful use of which he earns a livelihood.

8. Poultry not exceeding in value twenty-five dollars.

9. The earnings of the judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of execution or attachment, when it appears, by the debtor's affidavit or otherwise, that such earnings are necessary for the use of his family, residing in this State, supported in whole or in part by his labor; but where debts are incurred by any such person, or his wife or fami y, for the common necessaries of life, the one-half of such earnings above mentioned are nevertheless subject to execution, garnishment, or attachment to satisfy debts so incurred.

10. The shares held by a member of a homestead association duly incorporated, not exceeding in value one thousand dollars, if the person holding the shares is not the owner of a homestad under the laws of this State. All the nautical instruments and wearing apparel of any master, officer, or seaman of any steamer or other vessel.

Il. All moneys, benefits privileges, or immunities accruing or in any manner growing out any ife insurance on the ie of the debtor, if the annual premiums paid do not exceed five hundred dollars.

*

13. All arms, uniforms, and accouterments required by law to be kept by any person, and also one gun to be selected by the debtor.

14. # * * No article, however, or species of property mentioned in this section, is exempt from execution issued upon a judgment recovered for its price, or upon a judgment of foreclosure of a mortgage thereon.

Wages preferred-In assignments, administration, etc.

(Page 471.)

SECTION 1204. In all assignments of property, made by any person to trustees or assignees, on account of the inability of the person, at the time of the assignment, to pay his debts, or in proceedings in insolvency, the wages of the miners, mechanics, salesmen, servants, clerks, or laborers employed by such person, to the amount of one hundred dollars each, and for services rendered within sixty days previously, are preferred claims, and must be paid by such trustees or assignees before any other creditor or creditors of the assignor.

SECTION 1205. In case of the death of any employer, the wages of each miner, mechanic, salesman, clerk, servant, and laborer, for services rendered within the sixty days next preceding the death of the employer, not exceeding one 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 other claims against the estate of the deceased person.

Wages preferred-In executions, attachments, etc.

(Page 471.)

SECTION 1206. In cases of executions, attachments, and writs of a similar nature, issued against any person, except for claims for labor done, any miners, mechanics, salesmen, servants, clerks, 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 person making the claim, to the creditor and the officer executing either of such writs, at any time before the actual sale of property levied on; and, unless such claim is disputed by the debtor or a creditor, such officer must pay to such person, out of the proceeds of the sale, the amount each is entitled to receive for services rendered within the sixty days next preceding the levy of the writ.not exceeding one hundred dollars. If any or all of the claims so presented, and claiming preference under this section, are disputed by either the debtor or a creditor, the person presenting the same must commence an action within ten days 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 judgment be had for the claim, or any part thereof, carrying costs, the costs taxable therein shall likewise be a preferred claim, with the same rank as the original claim.

VOL. IV. PENAL CODE. Employment, etc., of Chinese. (Page 51.)

SECTION 178. Any officer, director, manager, member, stockholder, clerk, agent, servant, attorney, employé, assignee, or contractor of any corporation now existing, or hereafter formed under the laws of this State, who shall employ, in any manner or capacity, upon any work or business of such corporation, any Chinese or Mongolian, is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail of not less than fifty nor more than five hundred days, or by both such fine and imprisonment; provided, that no director of a corporation shall be deemed guilty under this section who refuses to assent to such employment, and has such dissent recorded in the minutes of the board of directors.

1. Every person who, having been convicted for violating the provisions of this section, commits any subsequent violation thereof after such conviction is punishable as follows:

2. For each subsequent conviction such person shall be fined not less than five hundred nor more than five thousand dollars, or by imprisonment not less than two hundred and fifty days nor more than two years, or by both such fine and imprisonment.

SECTION 179. Any corporation now existing, or hereafter formed under the laws of this State, that shall employ, directly or indirectly, in any capacity, any Chinese or Mongolian, shall be guilty of a misdemeanor, and upon conviction thereof shall for the first offense be fined not less than five hundred nor more than five thousand dollars, and upon the second conviction shall, in addition to said penalty, forfeit its charter and franchise, and all its corporate rights and privileges, and it shall be the duty of the attorney-general to take the necessary steps to enforce such forfeiture.

[Note.-The above sections, and section 2 of article 19 of the constitution of the State, which they were enacted to give effect to, were adjudged by the circuit court of the United States to be in conflict with the treaty of the United States with China, and to be, therefore, void. See "In re Tiburcio Parrot, 5 Pac. C. L.. J., Supplement.”]

Sunday labor-Bakers.

(Act of April 16, 1880, page 85.)

SECTION 1. It shall be unlawful for any person engaged in the business of baking to engage or permit others in his employ to engage in the labor of baking, for the purpose of sale, between the hours of six o'clock p. m. on Saturday and six o'clock p. m. on Sunday, except in the setting of sponge preparatory to the night's work: Provided, however, That restaurants, hotels, and boarding houses may do such baking as is necessary for their own consumption.

SECTION 2. Any person violating the provisions of this act shall be guilty of a misdemeanor, and shall be punishable by imprisonment in the county jail not less than one month nor more than six months, or by a fine of not less than twenty-five nor more than two hundred dollars, or by both fine and imprison

ment.

Certain employments of children forbidden.

(Act of March 30, 1878, page 87.)

SECTION 1. Any person, whether as parent, relative, guardian, employer, or otherwise, having the care, custody, or control of any child under the age of sixteen years, who shall exhibit, use, or employ, or who shall in any manner or under any pretense sell, apprentice, give away. let out, or otherwise dispose of any such child to any person, under any name, title, or pretense, in or for the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever, or for or in any obscene, indecent, or immoral purpose, exhibition, or practice whatsoever, or for or in any mendicant or wandering business whatsoever, or for or in any business, exhibition, or vocation injurious to the health or dangerous to the life or limb of such child, or who shall cause, procure, or encourage any such child to engage therein, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than two hundred and fifty dol ars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment: Provided, Tnat nothing in this section contained shall apply to or affect the employment or use of any such child as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music; or the employment of any such child as a musician at any concert or other musical entertainment, on the written consent of the mayor of the city or president of the board of trustees of the town where such concert or entertainment shall take place.

SECTION 2. Every person who shall take, receive, hire, employ, use, exhibit, or have in custody any child under the age and for any of the purposes mentioned in the preceding section shall be guilty of a like offense, and punished by a like punishment as therein provided.

Engineer of steam boiler-Penalty for neglect, etc.

(Page 95.)

SECTION 349. Every engineer or other person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, used in any manufactory, railway, or other mechanical works, who wilfully or from ignorance. or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler or engine or a paratus, or cause any other accident whereby human life is endangered, is guilty of a felony.

Hours of labor-Children.

(Page 152.)

SECTION 651. Every person having a minor child under his control, either as a ward or an apprentice, who, except in vinicultural or hor.icul ural pursuits, or in domestic or household occupations, requires such child to labor more than eight hours in any one day, is guilty of a misdemeanor.

Protection of wages of laborers on public works.

(Act of April 1, 1872, page 152.)

SECTION 1. Every person who employs laborers upon the public works, and who takes, keeps, or receives any part or portion of the wages due to such laborers from the State or municipal corporation for which such work is done, is guilty of a felony.

Hiring out minor employés unlawful in certain cases.

(Page 307.)

SECTION 1389 (added by chap. 103, acts of 1887). No minors in the employ of any telephone company, special-delivery company, or association, or any other corporation, or person or persons, engaged in the delivery of packages, letters, notes, messages, or other matter, shall be assigned by such corporations, or person or persons, to hire such minors to the keepers of houses, variety theaters, or other places of questionable repute, or to other persons connected with such places of questionable repute, nor to permit them to enter such places of illegal or questionable calling; this law shall apply alike to managers, superintendents, and agents of such corporations, and to be enforced against them. Any person violating the provisions of this act shall be guilty of a misde

meanor.

*

*

*

VOL. IV.-STATUTES IN FORCE IN 1885 NOT PRINTED ELSEWHERE IN THE CODES.

Bureau of labor statistics.

(Act of March 3, 1883, page 602.)

SECTION 1. As soon as possible after the passage of this act, and every four years thereafter, the governor of the State shall appoint a suitable person to act as commissioner of a bureau of labor statistics. The headquarters of said bureau shall be located in the city and county of San Francisco; said commissioner to serve for four years, and until his successor is appointed and qualified.

SECTION 3. The duties of the commissioner shall be to collect, assort, systematize, and present in biennial reports to the legislature, statistical details relating to all departments of labor in the State, such as the hours and wages of labor, cost of living, amount of labor required, estimated number of persons depending on daily labor for their support, the probable chances of all being employed, the operation of labor-saving machinery in its relation to hand labor, etc. Said statis ics may be classified as follows:

1. In agriculture;

2. In mechanical and manufacturing industries; 3. In mining:

4. In transportation on land and water;

5. In clerical and all other skilled and unskilled labor not above enumerated; 6. The amount of cash capital invested in lands, buildings, machinery, material, and means of production and distribution generally;

7. The number, age, sex, and condition of persons employed; the nature of their employment; the extent to which the apprenticeship system prevails in the various skilled industries; the number of hours of labor per day; the aver age length of time employed per annum, and the net wages received in each of the industries and employments enumerated;

8. The number and condition of the unemployed, their age, sex, and nationality, together with the causes of their idleness;

9. The sanitary cond tion of lands, workshops, dwellings, the number and size of rooms occupied by the poor, etc.: the cost of rent, uel, food, clothing, and water in each locality of the State; also, the extent to which labor-saving processes are employed to the displacement of hand labor;

10. The number and condition of the Chinese in the State; their social and sanitary habits; number of married and of single; the number employed and the