this State, or any engine, machine or structures, or any matter or thing appertaining to the same, shall be stopped, obstructed, injured, impaired, weakened or destroyed, the person or persons so offending shall be guilty of a misdemeanor, and shall forfeit and pay to the said corporation so injured, etc., treble the amount of damages sustained by means of such offense.

CHAPTER 130.-Employees on railroads to be paid when discharged. (a)

SEC. 6243. Whenever any railroad company or corporation engaged in the business of operating or constructing any railroad or railroad bridge shall discharge, with or without cause, or refuse to further employ any servant or employee thereof, the unpaid wages of any such servant or employee 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 non-payment, the wages of such servant or employee 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.

SEC. 6244. No such servant or employee 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.

SEC. 6245. Any such servant or employee 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.

CHAPTER 130.-Fellow servants-Railroad companies.

SEC. 6248. All persons engaged in the service of any railway corporations, foreign or domestic, doing business in this State, who are intrusted by such corporation with the authority of superintendence, control or command of other persons in the employ or service of such corporation, or with the authority to direct any other employee, in the performance of any duty of such employee, are vice-principals of such corporation, and are not fellow servants with such employee.

SEC. 6249. All persons who are engaged in the common service of such railway corporations, and who, while so engaged, are working together to a common purpose, of same grade, neither of such persons being intrusted by such corporations with any superintendence or control over their fellow employees, are fellow servants with each other; Provided, Nothing herein contained shall be so construed as to make employees of such corporation in the service of such corporation fellow servants with other employees of such corporation engaged in any other department or service of such corporation. Employees who do not come within the provisions of this section shall not be considered fellow servants.

SEC. 6250. No contract made between the employer and employee based upon the contingency of the injury or death of the employee limiting the liability of the employer under this act, or fixing damages to be recovered, shall be valid and binding.

CHAPTER 130.-Liens of railroad employees.

SEC. 6251. Every mechanic, builder, artisan, workman, laborer, or other person, who shall do or perform any work or labor upon, or furnish any materials, machinery, fixtures or other thing towards the equipment, or to facilitate the operation of any railroad; and all persons who shall sustain loss or damage to person or property from any railroad for which a liability may exist at law, shall have a lien therefor upon the roadbed, buildings, equipments, income, franchises, and all other appurtenances of said railroad, superior and paramount, whether prior in time or not, to that of all persons interested in said railroad as managers, lessees, mortgagees, trustees and beneficiaries under trusts or owners.

SEC. 6252. The lien mentioned in the preceding section shall not be effectual unless suit shall be brought upon the claim within one year after it accrued.

SEC. 6253. The said lien shall be mentioned in the judgment rendered for the claimant in an ordinary suit for the claim, and may be enforced by ordinary levy and sale under final or other process at law or in equity.

a See Decision, page 1258.

ACTS OF 1895.

ACT No. 23.-Employees' liens-Mines and quarries.

SECTION 1. Any person or persons working in any mines in the State of Arkansas, or in any quarries, either stone or marble, shall have a lien on the output of any such mines or quarries for the amount due for such work, and in addition thereto his lien shall attach to all the machinery, tools and implements used in such quarrying and mining, such liens to be enforced in the manner now provided or as may hereafter be provided for the enforcement of laborers' liens.

ACT No. 35.-Liens on personal property.

SEC. 1. Laborers who perform work, and labor on any object, thing, material or property, shall have an absolute lien on such object, thing, material or property, for such labor done and performed, subject to prior liens and landlord's liens for rent and supplies and that such liens may be enforced within the same time, and in the same manner now provided for by law, in enforcing laborer's liens on the production of labor done and performed.

SEC. 2. When the object, thing, material, or property on which a lien exists as provided for in section 1 of this act has been sold, transferred or disposed of before such lien or liens have been liquidated or released, the purchaser thereof, with notice of such lien or liens aforesaid, the material, thing, object or property so sold, transferred or disposed of shall be liable to the amount of the lien or so much thereof as may be necessary to liquidate the lien or liens mentioned in section 1 of this act.

ACT No. 146.-Mechanics' liens.

SEC. 1. Every mechanic, builder, artisan, workman, laborer or other person, who shall do or perform any work upon, or furnish any material, fixtures, engine, boiler or machinery for any building, erection, improvement upon land, or upon any boat or vessel of any kind, or for repairing same, under or by virtue of any contract with the owner or proprietor thereof, or his agent, trustee, contractor or subcontractor, upon complying with the provisions of this act shall have for his work or labor done, or materials, fixtures, engine, boiler or machinery furnished, a lien upon such building, erection or improvement, and upon the land belonging to such owner or proprietor on which the same are situated, to the extent of one acre; or if such building, erection or improvement be upon any lot of land in any town, city or village, then such lien shall be upon such building, erection or improvements and the lots or land upon which the same are situated, or if such erection or improvement be upon any boat or vessel, then upon such boat or vessel, to secure the payment of such work or labor done, or materials, fixtures, engine, boiler or machinery furnished as aforesaid.

SEC. 2. The entire land, to the extent aforesaid, upon which any building, erection or other improvement is situated, including as well that part of said land which is not covered with such building, erection or other improvement as that part thereof which is covered with the same, shall be subject to all liens created by this act to the extent and only to the extent of all the right, title and interest owned therein by the owner or proprietor of such building, erection or other improvement for whose immediate use or benefit the labor was done or things were furnished.

SEC. 3. The lien for the things aforesaid, or work, shall attach to the buildings, erections or other improvements, for which they were furnished or work was done, in preference to any prior lien or incumbrance or mortgage existing upon said land before said buildings, erections, improvements or machinery were erected or put thereon, and any person enforcing such lien may have such building, erection or improvement sold under execution, and the purchaser may remove the same within a reasonable time thereafter; Provided, however, That in all cases where said prior lien or incumbrance or mortgage was given or executed for the purpose of raising money or funds with which to make such erections, improvements or buildings, then said lien shall be prior to the lien given by this act.

SEC. 4. Every building or other improvement erected or materials furnished, according to the provisions of this act, on leased lots or lands, shall be held for the debt contracted for or on account of the same, and also the leasehold term for such lot and land on which the same is erected: and in case the lessee shall have forfeited his lease, the purchaser of the building and leasehold term, or so much thereof as remains unexpired, under the provisions of this act, shall be held to be

2352-8

the assignee of such leasehold term and as such shall be entitled to pay to the lessor all arrears of rent or other money, interest and costs due under said lease, unless the lessor shall have regained possession of the leasehold land, or obtained judgment for the possession thereof, on account of the non-compliance by the lessee with the terms of the lease, prior to the commencement of the improvements thereon; in which case the purchaser of the improvements under this act, shall have the right only to remove the improvements within sixty days after he shall purchase the same, and the owner of the ground shall receive the rent due him payable out of the proceeds of the sale, according to the terms of the lease, down to the time of removing the building.

SEC. 5. The lien for work and materials as aforesaid shall be preferred to all other incumbrances which may be attached to or upon such building, bridges, boats or vessels or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements.

SEC. 6. Every person, except the original contractor, who may wish to avail himself of the benefit of the provisions of this act, shall give ten days' notice before the filing of the lien, as herein required, to the owner, owners or agent, or either of them, that he holds a claim against such building or improvement, setting forth the amount and from whom the same is due. Such notice may be served by any officer authorized by law to serve process in civil actions or by any person who would be [a] competent witness. When served by an officer, his official return indorsed thereon shall be proof thereof, and when served by any other person, the fact of such service shall be verified by affidavit of the person so serving.

SEC. 7. Whenever property is sought to be charged with a lien under this act, and the owner of the property so sought to be charged shall not be a resident of the State, or shall have no agent in the county in which said property is situated, or when such owner shall be a resident of the State but not of the county in which said property is situated, or conceals himself, or has absconded or absents himself from the usual place of abode, so that the notice required by section 6 of this act cannot be served upon him, then, and in every such case, such notice may be filed with the recorder of deeds of the county in which such property is situated, and when filed shall have like effect as if served upon such owner or his agent in the manner contemplated in the said section; and a copy of such notice so filed, together with the certificate of such recorder of deeds that the same is a correct copy of the notice as filed, shall be received in all courts of this State as evidence of the service, as herein provided of such notice; and the recorder of deeds in each county of this State shall receive, file and keep every such notice so presented to him for filing, and shall further record the same at length in a separate book appropriately entitled; and for such service so performed, such recorder shall receive for each notice the sum of twenty-five cents, and for each copy so certified as aforesaid at each of said notices, shall receive the sum of fifty cents, to be paid by the party so filing or procuring said certified copy, as the case may be, and the costs of filing and of one certified copy shall be taxed as costs in any lien suit to which the same pertains to abide the result of the suit.

SEC. 8. In all cases where a lien shall be filed under the provisions of this act by any person other than a contractor, it shall be the duty of the contractor to defend any action brought thereupon, at his own expense; and during the pendency of such action, the owner may withhold from such contractor the amount of money for which such lien shall be filed; and in case of judgment against the owner or his property upon the lien, he shall be entitled to deduct from any amount due by him to the contractor, the amount of such judgment and costs, and, if he shall have settled with the contractor in full, shall be entitled to recover back from the contractor any amount so paid by the owner for which the contractor was originally liable.

SEC. 9. The liens for work and labor done or things furnished as specified in this act, shall be upon an equal footing, without reference to the date of filing the account or lien; and in all cases where such a sale shall be ordered and the property sold, which may be described in any account or lien, the proceeds arising from such sale when not sufficient to discharge in full all the liens against the same without reference to the date of filing the account or lien, shall be paid pro rata on the respective liens; Provided, Such account or liens shall have been filed and suit brought as provided by this act.

SEC. 10. Any contractor or subcontractor who shall purchase materials on credit, and represent at the time of purchase that the same are to be used in a designated building or other improvement, and shall thereafter use, or cause to be used, the said materials in the construction of any building or improvement other than that designated, without the written consent of the person from whom the materials were purchased, with intent to defraud such person, shall be deemed

guilty of a misdemeanor, and, on conviction, shall be punished by fine not exceeding five hundred dollars. The owner or proprietor, or any one interested in the buildings or grounds, as mortgagee or trustee, upon which improvements are made under this act, may at any time apply to the contractor or subcontractor for a list of all parties doing work or furnishing material for said buildings and the amount due to each of said persons; and any such contractor or subcontractor refusing or failing to give a correct list of such parties furnishing material or doing labor and the amount due to each, on such building, shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500.

SEC. 11. It shall be the duty of every person who wishes to avail himself of this act to file with the clerk of the circuit court of the county in which the building, erection or other improvement to be charged with the lien is situated, and within ninety days after the things aforesaid shall have been furnished or the work or labor done or performed, a just and true account of the demand due or owing to him, after allowing all credits, and containing a correct description of the property to be charged with said lien, verified by affidavit.

SEC. 12. It shall be the duty of the clerk of the circuit court to indorse upon every account the date of its filing, and make an abstract thereof in a book by him to be kept for that purpose, and properly indexed, containing the date of the filing, the name of the person laying or imposing the lien, the amount of said lien, the name of the person against whose property the lien is filed, and a description of the property to be charged with the same, for which he shall receive the sum of one dollar from the person laying or imposing the lien, which shall be taxed and collected as other costs in case there be suit thereon.

SEC. 15. All actions under this act shall be commenced within ninety days after filing the lien and prosecuted without unnecessary delay to final judgment; and no lien shall continue to exist, by virtue of the provisions of this act for more than ninety days after the lien shall be filed, unless within that time an action shall be instituted thereon, as herein before described.

SEC. 17. All liens created by virtue of this act shall be enforced in the circuit court of the county wherein the property on which the lien is attached is situated, and any person having such lien may enforce the same in said circuit court, without regard to the amount thereof.

SEC. 18. Nothing herein contained shall be so construed as to give contractors, subcontractors or laborers or material furnishers liens for any greater amount in the aggregate than that contracted for between the employer and contractor; Provided, That the owner, employer or builder shall pay no money to the contractor until all laborers and mechanics employed on the same and all material furnishers shall have been paid for work done or material furnished.

SEC. 19. In all suits under this act, the parties to the contract and all other persons interested in the controversy, and in the property charged with the lien, may be made parties, but such as are not made parties shall not be bound by any such proceedings.

SEC. 21. The execution to be issued shall be a special fieri facias, and shall be in conformity with the judgment, and shall be returnable as ordinary executions. SEC. 22. Every person, including all cestuis que trust, for whose immediate use, enjoyment or benefit a building, erection or other improvement shall be made, shall be concluded by the words "owner or proprietor thereof," under this act, not excepting such as may be minors over the age of eighteen years or married

women.

SEC. 24. All persons furnishing things or doing work provided for by this act shall be considered subcontractors except such as have contracts therefor directly with the owner, proprietor, or his agent or trustee.

SEC. 25. The lien herein given shall be transferable and assignable, but it shall not be enforced against the owner or proprietor of the ground or buildings unless such owner or proprietor shall have actual notice of such assignment so as to protect himself.

CALIFORNIA.
CONSTITUTION.

ARTICLE 10.-Convict labor-Contract system prohibited.

SECTION 6. After the first day of January, eighteen hundred and eighty-two, the labor of convicts 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 17.-Exemption 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.

ARTICLE 19.-Employment, etc., of Chinese. (a)

SEC. 2. No corporation now existing or hereafter formed under the laws of this State shall, after the adoption of this constitution, employ, directly or indirectly, in any capacity, any Chinese or Mongolian *

*

*

SEC. 3. No Chinese shall be employed on any State, county, municipal, or other public work, except in punishment for crime.

SEC. 4. The presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the State, and the legislature shall discourage their immigration by all the means within its power. Asiatic coolieism is a form of human slavery, and is forever prohibited in this State, and all contracts for coolie labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be subject to such penalties as the legislature may prescribe. The legislature shall delegate all necessary power to the incorporated cities and towns of this State for the removal of Chinese without the limits of such cities and towns, or for their location within prescribed portions of those limits, and it shall also provide the necessary legislation to prohibit the introduction into this State of Chinese after the adoption of this constitution. This section shall be enforced by appropriate legislation.

ARTICLE 20.-Mechanics' liens.

SEC. 15. Mechanics, material men, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the legislature shall provide, by law, for the speedy and efficient enforcement of such liens.

ARTICLE 20.-Hours of labor on public work.

SEC. 17. Eight hours shall constitute a legal day's work on all public work.

ARTICLE 20.-Sex no disqualification from pursuing labor.

SEC. 18. No person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation, or profession.

DEERING'S CODES AND STATUTES-1885.

VOL. I.-POLITICAL CODE.

Wages of employees of state printing office.

(Page 151.)

*

SECTION 531 (as amended by chapter 74, acts of 1891). The duties of the superintendent of state printing shall be as follows: * * He shall employ such compositors, pressmen, and assistants as the exigency of the work from time to time requires, and may at any time discharge such employees; provided, that at no time shall he pay said compositors, pressmen, or assistants, a higher rate of wages than is paid by those employing printers in Sacramento for the like work. He shall at no time employ more compositors or assistants than the absolute necessities of the state printing may demand, and he shall not permit any other than state work to be done in the State printing office. *

*

Time to vote to be allowed employees.

(Page 241.)

*

SEC. 1212 (as amended by chapter 130, acts of 1891). Any person entitled to vote at a general election held within this State shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then

a See Decision, page 1258.