SEC. 6. Female convicts, except such as the judge shall certify to be over twenty years of age and incorrigible, shall not be worked with male convicts nor on the public roads or works, or county farms, nor delivered to any convict contractor; but if any such convicts be held for fines, costs or jail fees, they shall be hired out, with or without their consent, by the sheriff to a humane person of good character for a term not exceeding two years; and, if such convict can not be hired out within thirty days she may be discharged.

SEC. 7. The sheriff may, at any time, unless the board of supervisors shall have otherwise directed, hire out, with his consent, any convict who is held for a fine, cost or jail fees, to the person who may apply for him, and pay in cash to the sheriff the amount of his fine, cost and jail fees, or give good and sufficient bond to be approved by the sheriff, for the payment of his fine, cost and jail fees, at the expiration of the time for which such convict is hired, on such terms as may be agreed upon by such person, the sheriff and the convict, but the employer or landlord of a convict may hire him from the sheriff in preference to any other person, and without the consent of the convict.

SEC. 8. On Saturdays the sheriff, if the board of supervisors have not given directions to the contrary, shall hire out at public outcry at the door of the court house, or of either courthouse in counties having two judicial districts, all convicts held for fines, costs and jail fees who have not been hired out with their consent, to persons who will pay in cash to the sheriff the amount of their several fines, costs and jail fees, or give good and sufficient bond to be approved by the sheriff, for the payment of such fines, costs and jails fees, at the expiration of the time for which such convict is hired, and agree to take and work them for the shortest time, not exceeding two years.

SEC. 10. The board of supervisors of any county may work the convicts, sentenced to imprisonment, or to imprisonment and the payment of a fine, and those held for fines, costs and jail fees [on] the public road or other public works or on a farm or farms, and, if the board shall determine to do so, it shall direct the sheriff not to hire out the convicts; and thereafter the sheriff shall only hire out the corrigible females and such males as the board may direct, as are unfit for labor on the roads or works or farm. Any convict working under the direction of the board of supervisors who renders efficient services and complies with all necessary rules and regulations, may have deducted from his fine and the term of his impris onment one-fifth thereof.

SEC. 12. The convicts are divided into two classes, for the purpose of fixing their wages, when worked on public roads or works or farms, and for regulating the bids of convict contractors: First class, males over eighteen and under fiftyfive years of age, and incorrigible females; second class, all other males able to work.

SEC. 13. The wages of convicts, when worked on public roads or works or farms, shall be fixed by the board of supervisors within the following limits: Convicts of the first class, between five and fifteen dollars a month; and of the second class, between two and ten dollars; but, in individual cases, the board may designate higher wages, on account of special skill or other good reason, for any convict; and the board shall provide for allowances, of so many days in each month, for good behavior and faithful labor, and may discharge a convict for meritorious service.

SEC. 14. If the convicts are not hired out, and the board of supervisors shall not determine to work them on the public roads or works or farms, it may agree with a person, as convict contractor, to work them, at a price to be agreed upon by the board of supervisors; but the convict shall be entitled to receive a credit, not less than the minimum prices provided in the preceding section.

SEC. 16. The board of supervisors shall advertise for sealed bids, in the manner that it would advertise a public work, stating the amount of the bond required and the date of opening the bids; and, at the time specified, or as soon thereafter as practicable, it shall open the bids in secret session, and award the contract to the best bidder, being the person who will agree to pay the highest amount for the two classes of convicts, by the month; but the board may reject all bids and agree with some person who will make a better offer than any of the rejected bids.

SEC. 38. The municipal authorities of every city, town or village have the same power in reference to prisoners convicted of a violation of the ordinances and laws of the municipality as is conferred by this act on the boards of supervisors, and such prisoners shall be subject to like disposition and entitled to the same wages prescribed for prisoners in a county, who may be disposed of as provided in this act; and the municipal authorities may contract with a county contractor in the same manner as the board of supervisors may do for the keeping of municipal prisoners, or may contract with any other person fc. the custody of prisoners.

2352-37

MISSOURI.

REVISED STATUTES OF 1889.

CHAPTER 1, ARTICLE 9.--Wages preferred—In administration.

SECTION 183. All demands against the estate of any deceased person shall be divided into the following classes:

I. Funeral expenses.

II. Expenses of the last sickness, wages of servants and demands for medicine and medical attendance during the last sickness of the deceased.

SEC. 209. All demands against any estate shall be paid by the executor or administrator, as far as he has assets, in the order in which they are classed; and no demand of one class shall be paid until all previous classes be satisfied; and if there be not sufficient to pay the whole of any one class, such demands shall be paid in proportion to their amounts.

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CHAPTER 10, ARTICLE 1.-Exemption from attachment.

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SEC. 539. * * no property or wages declared by statute to be exempt from execution shall be attached, except in the case of a non-resident defendant, or of a defendant who is about to move out of the State with intent to change his domicile.

CHAPTER 17.-Labor day.

SEC. 737 (as amended by act approved April 9, 1895, page 47, acts of 1895). The following days, namely, * the first Monday in September,

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. hereby declared and established public holidays;

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CHAPTER 20.-Liens on boats and vessels.

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SEC. 770. Every boat or vessel, including canal boats, wood boats, barges and rafts, used in navigating the waters of this State, shall be liable and subject to a lien in the following cases: First, for all wages due to hands or persons employed on board such boat or vessel, for work done or services rendered on board the same, except for wages which may be due to the master or clerk thereof; second, for all debts contracted by the master, owner, agent or consignee of such boat, vessel or other craft, on account of stores or supplies furnished for the use thereof, or on account of labor done or materials furnished by mechanics, tradesmen or others, in the building, repairing, getting out, furnishing or equipping thereof; SEC. 771. The classes of claims specified in the preceding section shall have priority according to the order in which they are enumerated, and said liens shall have precedence of all other liens and claims against such boat or vessel.

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SEC. 772. Every person claiming the benefit of a lien in either of the classes enumerated may commence his suit against the boat, vessel or other craft, by name if it have one, or by description in the absence of any name, by filing against such boat or vessel a complaint or other lawful statement of his cause of action, accompanied by an affidavit and bond, with the clerk of the circuit court of the county in which such boat or vessel may be found.

SEC. 773. The complaint, or other lawful statement of the cause of action, shall set forth the plaintiff's demand in all its particulars, and on whose account the same accrued; and shall be verified by the affidavit of the plaintiff, or by some credible person for him.

SEC. 812. No more than two months' wages shall be recovered in any suit upon a lien in the first class, and every person claiming a lien in that class shall commence his suit within thirty days after he shall have earned two months' wages; or, if the contract for service be terminated in a shorter time than two months, then the suit shall be commenced within thirty days after such termination of the contract.

SEC. 813. All suits upon liens in any other than the first class shall be commenced within nine months after the true date of the last item in the account upon which the action is founded: and any failure to commence suit, as in this or the last preceding section required, shall discharge the boat or vessel from the lien of the demand claimed.

SEC. 821. The taking or receiving of a note, bill of exchange or other writing, in settlement of a debt comprehended in the second class, shall in no wise invalidate the lien herein granted; but the same shall exist in full force as if no such note, bill of exchange or other writing had been given.

CHAPTER 42, ARTICLE 1.-Payment of wages.

SEC. 2538 (as amended by act approved April 1, 1895, page 101, acts of 1895). All corporations shall make payment to their employees and other operatives, of wages due for all labor and services performed by them, within three months next preceding a demand made therefor, not exceeding one hundred dollars, in preference to any other claim, debts or demands whatsoever, not secured by specific liens on property; and such priority of payment may be enforced by civil action; payment of wages shall be made on or before the fifteenth day of each month for the full amount of all wages earned previous to the first day of that month, with interest at six per centum; if not paid, to be added to the amount of said wages when paid or recovered by suit. All debts due employees or operatives for wages of their labor shall have priority of payment from the money and assets of the corporations in the hands of officers or agents, or any receiver or assignee, over every other claim not specifically secured. Every corporation, officer, agent, receiver, assignee, or person holding money or assets, refusing to recognize the priority of employees' claims, shall be liable to such employees for the amount of all loss and damages occasioned by his unlawfully withholding the money.

CHAPTER 42, ARTICLE 1.-Corporations-Notice of reduction of wages required. SEC. 2539. Any railway, mining, express, telegraph, manufacturing or other company or corporation doing business in this State, and desiring to reduce the wages of its employees or any of them, shall give to the employees to be affected thereby thirty days' notice thereof.

SEC. 2540. Such notice may be given by posting a written or printed hand-bill, specifying the class of employees whose wages are to be reduced and the amount of the reduction, in a conspicuous place in or about the shops, station, office, depot or other place where said employees may be at work, or by mailing each employee a copy of said notice or hand-bill, and such company or corporation violating any of the provisions of the preceding section shall forfeit and pay each party affected thereby the sum of fifty dollars, to be recovered by civil action in the name of the injured party, with costs, before any court of competent jurisdiction.

CHAPTER 42, ARTICLE 2.-Liability of railroad companies for wages of employees of contractors.

SEC. 2565. Whenever any contractor for the construction of any part of a railroad which is in process of construction, or any contractor for the repairing of any part of a railroad, shall be indebted to any subcontractor or laborer, or other person, who shall do or perform any work or labor upon or furnish any materials for said road, such subcontractor or laborer, or other person, may give notice of such indebtedness to said company in the manner hereinafter provided; and said company shall thereupon become liable to pay such subcontractor or laborer, or other person, the amount so due, and action may be maintained against said railroad therefor; such notice shall be given by said subcontractor, laborer or other person, within twenty days after the performance of the labor or work, or the delivery of the materials, for which the claim is made; such notice shall be in writing, and shall state the amount and number of days' labor or work, and the amount, description and quantity of materials furnished and the time when the said labor or work was performed, and the time when the said materials were furnished, for which the claim is made, and the name of the contractor from whom due, and shall be signed by such subcontractor, laborer or other person, or their attorney, and shall be served on an engineer, agent or other person employed by said company having charge of the section of the road on which said labor or work was performed, or such material furnished, personally, or by leaving said notice in the office or usual place of business of such engineer, agent or person having charge, with some person over fifteen years of age; but no action shall be maintained against any company under the provisions of this section, unless the same be commenced within ninety days after notice is given to the company by such subcontractor or laborer, as above provided.

CHAPTER 42, ARTICLE 2.-Railroads-Blocking of frogs, switches and guard

rails. (a)

SEC. 2627 (as amended by act approved March 26, 1891, page 81, acts of 1891). All companies or corporations, lessees or other persons, owning or operating any

a See Decision, page 1302,

railroad or part of railroad in this State, are hereby required on or before the first day of November, eighteen hundred and ninety-one (1891), to adopt, put in use and maintain the best known appliances or inventions to fill or block all switches, frogs and guard rails on their roads, in all yards, divisional and terminal stations, and where trains are made up, to prevent as far as possible the feet of employees or other persons from being caught therein. Any company or corporation, lessees or other person, owning or operating any railroad or part of railroad in this State, who shall fail to do any act or thing in this section required to be done, or shall cause any act or thing not to be done, or shall aid or abet any such omission, shall be deemed guilty of a violation of this law, and shall forfeit and pay the sum of ten dollars ($10.00) for every such offense, and each day shall constitute a separate and distinct offense.

SEC. 2627a (added by act approved March 26, 1891, page 81, acts of 1891). At every session of courts of record of this State having criminal jurisdiction, the judge thereof shall direct and charge grand juries to make special inquiry as to violation of this law.

SEC. 2628. When any employee or other person shall be maimed or killed, by reason of the noncompliance with the provisions of the preceding section [2627], then in any suit for damages which may be instituted against any railroad company, corporation or lessee for such maiming or killing, proof of contributory negligence or carelessness on the part of any employee or other person so maimed or killed shall not relieve such railroad company, corporation or lessee from liability.

CHAPTER 47, ARTICLE 2.-Seats for female employees.

SEC. 3500. It shall be the duty of all employers of females in any mercantile business or occupation to provide and maintain suitable seats for the use of such female employees, at or beside the counter or workbench where employed, and to permit the use of such seats by employees to such an extent as may be reasonable for the preservation of their health; and any violation of this section by any employer shall be deemed a misdemeanor, and, on being convicted, he shall be punished by a fine not exceeding twenty-five dollars.

CHAPTER 47, ARTICLE 3.-Unlawful acts of employment agents.

SEC. 3583. Every person who shall agree or promise, or who shall advertise through the public press, or by letter, to furnish employment or situations to any person or persons, and in pursuance of such advertisement, agreement or promise, shall receive any money, personal property or other valuable thing whatsoever, and who shall fail to procure for such person or persons acceptable situations or employment within the time stated, or if no time be specified, then within a reasonable time thereafter, and who shall fail or refuse to return the money, personal property or other valuable thing so obtained, when the same shall have been demanded by such person or persons, shall be guilty of a misdemeanor.

CHAPTER 47, ARTICLE 7.-Importation of men for police duty prohibited. SEC. 3772. It shall be unlawful for any person or persons, company, association or corporation to bring or import into this State any person or persons, or association of persons, for the purpose of discharging the duties devolving upon the police officers, sheriffs or constables in the protection or preservation of public or private property.

SEC. 3773. Hereafter no sheriff in this State shall appoint any under sheriff or deputy sheriff except the person so appointed shall be, at the time of his appointment, a bona fide resident of the State.

SEC. 3774. The mayor, chief of police and members of the board of police commissioners of any city in this State shall be governed by the same restrictions and subject to the same penalties as a sheriff of any county, under the provisions of this article.

SEC. 3775. Any person or persons violating any of the provisions of section 3772 of this article shall be punished by imprisonment in the penitentiary for not less than two years nor more than five years; and if any company, association or corporation shall be guilty of violating this article, said company, association or corporation shall be punished by a fine of not less than one thousand dollars.

SEC. 3776. Any sheriff of any county, or mayor, chief of police or member of the board of police commissioners of any city, now holding office or hereafter elected to any such office, who shall knowingly violate any of the provisions of this article, as set forth in sections 3773 and 3774, shall be punished by imprisonment in the county jail for not less than three months nor more than one year.

CHAPTER 47, ARTICLE 7.-Intimidation of employees.

SEC. 3783. Every person who shall, by force, menace or threats of violence to the person or property of another, compel or attempt to compel any person to abandon any lawful occupation or employment for any length of time, or prevent or attempt to prevent any person from accepting or entering upon any lawful employment, shall, upon conviction, be punished by imprisonment in the county jail not less than six months, or by a fine of not less than one hundred dollars, or by both such fine and imprisonment. Every person who shall, by threats of violence to the person or property of another, compel or attempt to compel any person to abandon any lawful occupation or employment for any length of time, or prevent any person from accepting or entering upon any lawful employment, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not less than fifty dollars, or imprisonment in the county jail not less than three months, or by both such fine and imprisonment.

CHAPTER 47, ARTICLE 7.-False charges against employees.

SEC. 3789a (added by act approved April 18, 1891, page 127, acts of 1891). Every person who shall by any letter, mark, sign or designation whatever, or by any verbal statement, falsely report to any railroad, or any other company or corporation, or to any corporation, individual or individuals, or to any of the offices [officers], servants, agents or employees of any such corporation, individual or individuals, that any conductor, brakeman, engineer, fireman, station agent or other employees of any such railroad company, corporation or individual, have received any money for the transportation of persons or property, or shall falsely report by any of the means aforesaid, that any such conductor, station agent or other employee of any railroad company, persons or corporation neglected, failed or refused to collect any property charges for the transportation of persons or property, when it was their duty to do so, shall, on conviction, be adjudged guilty of a misde

meanor.

CHAPTER 47, ARTICLE 8.-Sunday labor.

SEC. 3852. Every person who shall either labor himself, or compel or permit his apprentice or servant, or any other person under his charge or control, to labor or perform any work other than the household offices of daily necessity, or other works of necessity or charity * on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor, and fined not exceeding fifty dollars.

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SEC. 3853. The last section shall not extend to any person who is a member of a religious society by whom any other than the first day of the week is observed as a Sabbath, so that he observes such Sabbath, nor to prohibit any ferryman from crossing passengers on any day of the week;

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SEC. 3855. Every person who shall expose to sale any goods, wares or merchandise, or shall keep open any grocery on the first day of the

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week, commonly called Sunday, shall, on conviction, be adjudged guilty of a misdemeanor and fined not exceeding fifty dollars.

SEC. 3856. The last section shall not be construed to prevent the sale of any drugs or medicines, provisions or other articles of immediate necessity.

CHAPTER 63.-Exemption from execution, etc.-Personal property.

SEC. 4902. The following property only shall be exempt from attachment and execution, when owned by any person other than the head of a family: First, the wearing apparel of all persons; second, the necessary tools and implements of trade of any mechanic, whilst carrying on his trade.

SEC. 4903. The following property, when owned by the head of a family, shall be exempt from attachment and execution: First, ten head of choice hogs, ten head of choice sheep, and the product thereof in wool, yarn or cloth, two cows and calves, two plows, one ax, one hoe and one set of plow gears, and all necessary farm implements for the use of one man; second, two work animals, and feed of the value of twenty-five dollars for the stock above exempted; third, the spinning wheels and cards, one loom and apparatus, necessary for manufacturing cloth in a private family; fourth, all the spun yarn, thread and cloth manufactured for family use; fifth, any quantity of hemp, flax and wool, not exceeding twenty-five