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and labor on that day, provided he does not compel an apprentice or servant, not of his belief, to do secular work or business on a Sunday, and does not on that day disturb any other person.

SEC. 3801. No railroad company, receiver, or trustee controlling or operating a railroad, shall, by an agent or employee, load, unload, run, or transport upon such road on a Sunday, any car, train of cars, or locomotive, nor permit the same to be done by any such agent or employee, except where such cars, trains, or locomotives are used exclusively for the relief of wrecked trains, or trains so disabled as to obstruct the main track of the railroad; or for the transportation of the United States mail; or for the transportation of passengers and their baggage; or for the transportation of live stock; or for the transportation of articles of such perishable nature as would be necessarily impaired in value by one day's delay in their passage: Provided however, That if it should be necessary to transport live stock or perishable articles on a Sunday to an extent not sufficient to make a whole train load, such train load may be made up with cars loaded with ordinary freight.

SEC. 3802. The word "Sunday" in the preceding section shall be construed to embrace only that portion of the day between sunrise and sunset; and trains in transitu having started prior to twelve o'clock on Saturday night, may, in order to reach the terminus or shops of the railroad, run until nine o'clock the following Sunday morning, but not later.

SEC. 3803. Any railroad company, receiver, or trustee violating the provisions of section thirty-eight hundred and one, shall be deemed to have committed a separate offense in each county or corporation in which such car, train of cars, or locomotive shall run, or in which such car or train of cars shall be loaded or unloaded; and shall be fined not less than fifty nor more than one hundred dollars for each offense.

CHAPTER 202.-Convict labor.

SEC. 4125. The convicts shall be kept to the hardest labor suitable to their sex and fitness, and such of them, as need it, instructed in some mechanic art.

SEC. 4130 (as amended by chapter 795, acts of 1893-94). The superintendent shall, at the discretion and under the direction of the governor, employ them at Richmond, or elsewhere in the State, in improving, repairing or working on the public buildings, grounds and property, or executing work under contract with individuals or companies, or in cultivating grounds for the use of the penitentiary. SEC. 4131. He shall have authority to furnish to the Hollywood and Oakwood memorial associations, from time to time, as may be necessary, a sufficient force of convict labor to keep in order the graves and sections wherein are buried the Confederate soldiers of the army of Northern Virginia in said cemeteries.

SEC. 4132 (as amended by chapter 795, acts of 1893-94). The superintendent, at the request of the president of the Virginia state agricultural society, may, in his discretion, order the employment of convicts on the grounds of said society, imposing such conditions and restrictions as he may deem proper.

SEC. 4133 (as amended by chapter 795, acts of 1893-94). The superintendent shall have authority to furnish to any county in the State, upon the requisition of the board of supervisors of such county, approved by the judge of the county court, convicts whose term of service, at the time of the application for them, does not exceed five years, to work on the county roads, under such regulations as the board of supervisors may prescribe in conformity with this chapter, and on such conditions as to safe-keeping as the superintendent and said board may agree upon: Provided, That if the supervisors shall deem it best that the convicts furnished be employed on any turnpike or macadamized road in their county, the said board may so employ them, or arrange for their employment on such road with the company authorized to construct the same.

SEC. 4136 (as amended by chapter 795, acts of 1893-94). After providing for all demands under section forty-one hundred and thirty-three, the superintendent shall have authority to hire to any railroad company in this State, to which counties are subscribers, any convicts which may remain in the penitentiary, or who may be employed under existing contracts in any quarry or on any railroad to which counties are not subscribers, whose term of service at the time of application for them does not exceed ten years: Provided, Such contracts can be lawfully canceled.

SEC. 4137 (as amended by chapter 243, acts of 1889-90, and by chapter 795, acts of 1893-94). The superintendent of the penitentiary, upon the order of the governor, shall deliver, on the part of the State, able-bodied convicts, selected for work upon public improvements by the surgeon of the penitentiary. Said convicts shall be furnished medicine and medical attention by the State. A sufficient number of convicts to perform all camp duties, namely, such as cooking, washing,

cleaning and attendance upon the sick, shall also be furnished by the State without charge for hire to the contractors.

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SEC. 4138 (as amended by chapter 243, acts of 1889-90, and by chapter 795, acts of 1893-94). The railroads projected to run through counties without railroads, and through those having the least number of miles of taxable railroads, shall be first supplied. After all demands under sections forty-one hundred and thirty-three and forty-one hundred and thirty-six have been filled, the superintendent may, in his discretion, hire the remaining convicts, or any of them, to any contractor, to be employed on any work of internal improvement in the State, on the same conditions, except that the State shall receive as compensation not less than thirty cents in lawful money for each day's labor actually performed.

ACTS OF 1887, EXTRA SESSION.

CHAPTER 391.-Payment of wages.

SECTION 1. All persons, firms, companies, corporations, or associations in this Commonwealth, engaged in mining coal, ore, or other minerals, or mining and manufacturing them, or either of them, or manufacturing iron or steel, or both, or any other kind of manufacturing, shall pay their employees as provided in this act.

SEC. 2. All persons, firms, companies, corporations, or associations engaged in the business aforesaid shall settle with their employees at least once in each month, and pay them the amounts due them for their work or services in lawful money of the United States, or by the cash order as described and required in section three of this act: Provided, That nothing herein contained shall affect the right of an employee to assign the whole or any part of his claim against his employer.

SEC. 3 (as amended by chapter 118, acts of 1887-88). From and after the passage of this act, it shall not be lawful for any person, firm, company, corporation, or association, engaged in the business aforesaid, their clerk, agent, officer, or servant in this State, to issue for payment of labor, any order, or other payment whatever, unless the same purports to be redeemable for its face value in lawful money of the United States, made payable on demand and without condition, to employee or bearer, bearing interest at legal rate, and redeemable by the person, firm, company, corporation, or association, giving, making, or issuing the same; and any person, firm, company, corporation, or association engaged in the business aforesaid, their clerks, agents, officers, or servants, who shall issue for payment of labor any paper or order, other than the one herein specified, in violation of this section, shall be guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding one hundred dollars in the discretion of the court.

SEC. 4. From and after the passage of this act, it shall be unlawful for any person, firm, company, corporation, or association engaged in mining or manufacturing, either or both, as aforesaid, and who shall likewise be either engaged or interested, directly or indirectly, in merchandising as owner or otherwise, in any money per centum, profit, or commission arising from the sale of any such merchandise, their clerks, servants, officers or agents, to knowingly and willfully sell or cause to be sold to any employee, any goods, merchandise, or supplies whatever for a greater per centum of profit than merchandise and supplies of like character, kind, quality, and quantity are sold to other customers buying for cash and not employed by them; and shall any person or member of any firm, company, corporation, or association, his or their clerk, agent, or servant, violate this section of this act, they shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding one hundred dollars, in the discretion of the court.

ACTS OF 1889-90.

CHAPTER 49.-Sunday labor.

SECTION 1. No steamboat company shall, by any agent or employee, load or unload on a Sunday any steamship or steamboat arriving at any port or landings on the bays, rivers, or other waters of this State, or permit the same to be done by any such agent or employee, except where such steamship or steamboat is for the transportation of the United States mails, or for the transportation of passengers and their baggage, or for the transportation of through freight in transitu, or of live stock, or of articles of such perishable nature as would be necessarily

impaired in value by one day's delay in their passage: Provided, That nothing in this act shall be construed as preventing any steamship or steamboat arriving at any port or landing on the bays, rivers, and other waters of this State, not its final point of destination, from unloading any and all_freight_intended for delivery at such intermediate port or landing, or from loading and taking on any and all freight intended for shipment from such intermediate port or landing, to the final destination of said steamship or steamboat.

SEC. 2. Any steamship or steamboat company violating the provisions of this act shall be deemed to have committed a separate offense in each county or corporation in which said steamship or steamboat shall land and be unloaded, and shall be fined in a sum not less than fifty nor more than one hundred dollars for each offense.

CHAPTER 193.-Employment, hours of labor, etc., of women and children.

SEC. 1. No female and no child under fourteen years of age shall work as an operative in any factory or in any factory or manufacturing establishment in this State more than ten hours in any one day of twenty-four hours. All contracts made or to be made for the employment of any female or of any child under fourteen years of age, as an operative in any factory or manufacturing establishment to work more than ten hours in any one day of twenty-four hours, are and shall be void.

SEC. 2. Any person having the authority to contract for the employment of persons as operatives in any factory or manufacturing establishment, who shall engage or contract with any female or any child under fourteen years of age to work as an operative in such factory or manufacturing establishment during more than ten hours in any one day of twenty-four hours, shall be guilty of a misdemeanor, and be fined not less than five nor more than twenty dollars.

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CHAPTER 199.-Fire escapes on factories, etc.

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SEC. 1. It shall be the duty of the owner or owners of all factories, workshops, in this State of over three stories in height, * to provide for the safe exit of the occupants thereof in case of fire, by the erection or construction of fire escapes of the most approved modern design.

SEC. 2. The character and design of said fire escapes shall, in cities and towns, be selected by the council of said cities and towns; and where the buildings are not located in cities and towns, by a board composed of the county judge, the county school superintendent, and the chairman of the board of supervisors.

SEC. 3. Any owner or owners of such buildings shall have the right to require the council of the city or town in which said buildings are located, or in the counties the board designated by this act, to make such selection of said fire escapes as is provided by this act; and, in case of their failure or refusal, they shall be compellable by mandamus.

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SEC. 4. Any owner or owners of such buildings who shall fail to comply with the first section of this act * shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars nor more than one hundred dollars, for each month they shall fail to provide such fire escape.

ACTS OF 1891-92.

CHAPTER 622.-Blacklisting.

SECTION 1. No corporation, manufacturer, or manufacturing company doing business in this State, or any agent or attorney of such corporation, manufacturer or manufacturing company, after having discharged any employee from the service of such corporation, manufacturer, or manufacturing company, shall willfully and maliciously prevent or attempt to prevent, by word or writing, directly or indirectly, such discharged employee from obtaining employment with any other person or corporation. For any violation of this section the offender shall be guilty of a misdemeanor, and shall, on conviction thereof, be fined not less than one hundred nor more than five hundred dollars. But this section shall not be construed as prohibiting any corporation, manufacturer, or manufacturing company from giving in writing, on application from any other person or corporation, a truthful statement of the reason for such discharge.

WASHINGTON.

CONSTITUTION.

ARTICLE 2.-Convict labor-Contract system prohibited.

SECTION 29. After the first day of January, eighteen hundred and ninety, the labor of convicts of this State shall not be let out by contract to any person, copartnership, company, or corporation, and the legislature shall by law provide for the working of convicts for the benefit of the State.

ARTICLE 2.-Bureau of statistics, agriculture, and immigration.

SEC. 34. There shall be established in the office of the secretary of state a bureau of statistics, agriculture, and immigration, under such regulations as the legislature may provide.

ARTICLE 2.-Protection of employees-Life and health.

SEC. 35. The legislature shall pass necessary laws for the protection of persons working in mines, factories, and other employments dangerous to life or deleterious to health, and fix pains and penalties for the enforcement of the same.

ARTICLE 19.-Exemptions from execution, etc.

SEC. 1. The legislature shall protect by law from forced sale a certain portion of the homestead and other property of all heads of families.

HILL'S ANNOTATED STATUTES AND CODES OF 1891.

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VOL. I.-GENERAL STATUTES.

TITLE 3.-State geologist to inspect mines.

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SECTION 133. The mining bureau shall, with the advice and consent of the senate, appoint a state geologist, who shall be a person known to be competent; * SEC. 140. The state geologist shall, at least once in each year, visit each mining county in the State, and examine as many of the mines in the different counties and mining districts as may be practicable. He shall have power and authority to visit and examine any mine or piece of mining ground, for the purpose of ascertaining the condition of the same in regard to its safety and means of egress from the same, and for this purpose shall have access to all levels, stopes, tunnels, winzes, shafts, and shaft power of any mine for the purpose of said inspection. SEC. 141. Whenever the mining bureau or the state geologist shall receive a formal complaint in writing, signed by five or more persons, employees in a mine, setting forth that the mine in which they are employed is dangerous in any respect, the state geologist shall visit and examine such mine, and if, from such personal examination, he shall ascertain that the facilities for egress are insufficient, or that from want of timbering, scaling, or slacking of the ground in such mine so visited, or from other causes, or that the timber, ladders or ladderways, pentices, or plats, in any such mine are in a dangerous condition, it shall become his duty to notify the owners, lessor, or lessee thereof; such notice to be in writing, and to be served by copy on any person or persons in the same manner as provided by law for the service of legal notices or process; said notice shall state in what particulars timbers, ladders, ladderways, pentices, or plats are dangerous, and shall require the necessary changes to be made without delay; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injuries sustained by any employee subsequent to such notice and in consequence of a neglect to obey the state geologist's requirements, a certified copy of the notice served by the state geologist shall be prima facie evidence of the culpable negligence of the party or parties complained of.

TITLE 5.-Convict labor.

SEC. 290. The county commissioners in their respective counties may order all persons who shall be confined in the county jails of their respective counties, convicted of any crime or misdemeanor, to work on the roads of their respective counties, under the direction of the sheriff; but such convicts shall not be put to

labor at a greater distance from the jail or place of confinement than five miles; Provided, That if any such convict shall refuse to perform such labor he shall be kept in close confinement on bread and water. The sheriff having the custody of such convicted persons may, to secure them from escape, attach a ball and chain to said convicts.

TITLE 8.-Exemption from execution—Wages.

SEC. 526. The judge or referee may order any property of the judgment debtor, not exempt from execution, in the hands of such debtor or any other person, or due to the judgment debtor, to be applied towards the satisfaction of the judgment; except that the earnings of the debtor for his personal services, at any time within sixty days next preceding the order, shall not be so applied, 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 partly by his labor.

TITLE 12.-Convict labor.

SEC. 1158. All convicts may be employed by authority of the board of directors under charge of the warden and such skilled foremen as they may deem necessary in the performance of work for the State, or the manufacture of any article or articles for the State, or the manufacture of which is sanctioned by law. At Walla Walla, at the state penitentiary, no articles shall be manufactured for sale, except jute fabrics and brick. The board of directors are hereby authorized to purchase, from time to time, such tools, machinery, and materials, and to direct the employment of such skilled foremen, as may be necessary to carry out the provisions of this section, and to dispose of the articles manufactured and not needed by the State, for cash, at private sale, in such manner as provided by law.

SEC. 1170. In the manufacture of jute fabrics and brick the directors of the state penitentiary shall employ such skilled labor as is found necessary and as many convicts as possible.

SEC. 1171. In ascertaining the cost of the jute fabrics and brick, the directors shall include the cost of material at the penitentiary, the cost of the skilled labor employed, the cost of the fuel, interest on investment at six per cent, and such other expenses as are incident to the manufacture of jute fabrics and brick; and none of the jute fabrics and brick shall be sold for less than the actual cost of production based upon items above enumerated, fuel, and repairs, without special authority from the legislature.

SEC. 1172. In selling jute fabrics and brick, the directors shall provide that they be sold only to actual consumers for cash on delivery, in the order, as near as may be, of the making of applications therefor; and it shall be a misdemeanor, punishable by a fine and removal from office, for said directors to knowingly dispose of said jute fabrics to others than actual consumers, and shall keep a correct account of all sales made, and to whom made, and the amount received, and submit such account to the legislature at each meeting thereof.

SEC. 1193. When a person has been sentenced, by a justice of the peace, or a judge of the superior court, to a term of imprisonment in the county jail, whether in default of payment of a fine or costs, or otherwise, such person may be compelled to work eight hours each day of such term in and about the county buildings, public roads, streets, and grounds; Provided, This section and the next preceding one of this chapter shall not apply to persons committed in default of bail.

TITLE 12.-Industrial training in reform school.

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SEC. 1223. All the branches taught in the public schools of the State shall be taught in the reform school, and the inmates * shall also be instructed in the different trades and callings of the two sexes, as far as possible in the scope of the institution.

TITLE 16.-Earnings of married women.

SEC. 1402. A wife may receive the wages of her personal labor, and maintain an action therefor in her own name, and hold the same in her own right, and she may prosecute and defend all actions at law for the preservation and protection of her rights and property as if unmarried.

SEC. 1403. The earnings and accumulations of the wife and of her minor children living with her, or in her custody while she is living separate from her husband, are the separate property of the wife.

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