clerk of the prison certifying that such debt, claim or demand is just and correct, shall be prima facie evidence that the same is justly due and owing, and the onus shall devolve upon the defendant or contesting party to prove the contrary.

CHAPTER 108.-Exemption from taxation.

SEC. 4026. The following property is exempt from taxation. * * *, household goods and other personal property of a person with a family not exceeding two hundred and fifty dollars in value; crops grown in the year in which the assessment is made and in the hands of the producer.

CHAPTER 110.-Convict labor.

SEC. 4322. All male persons confined in county jails or workhouses, under judgment of a court directing that they may be worked at hard labor, shall be available to the supervisor or overseer, for the purpose of working them on the public highways. In counties having workhouses, the prisoners may be obtained by the supervisor or overseer from the board of commissioners and the superintendent of the workhouse, upon such terms as may be agreed upon between them. In counties having no workhouses, the prisoners may be obtained upon application to the judge of the county court, who shall give an order for such of said prisoners in jail as may be deemed proper. The jailer having such prisoners in custody shall deliver them to the supervisor or overseer on the presentation of the order of said judge. The supervisor or overseer shall be responsible for their safe-keeping, and may, if necessary, attach a ball and chain to any of said prisoners, and the prisoners so employed shall be, while in the hands of the supervisor or overseer, governed, controlled and cared for by them as provided in the law governing superintendents of workhouses, and the prisoner shall receive credits for work as provided by law: Provided, All such work shall be done on such public highways and streets as have not been let out to a contractor at a stipulated price, unless the contractor consents thereto.

CHAPTER 130.-Trade-marks of trade unions, etc.

SEC. 4749. Every union or association of workingmen or women_adopting a label, mark, name, brand or device intending to designate the products of the labor of members of such union or association of workingmen or women shall, in order to obtain the benefits of this act, file duplicate copies of such label, mark, name, brand or device in the office of the secretary of state, who shall, under his hand and seal, deliver to the party filing or registering the same, a certified copy, and a certificate of the filing thereof, for which he shall receive a fee of one dollar. SEC. 4750. Every union or association of workingmen or women adopting such label, mark, name, brand or device, and filing the same as specified in the preceding section, may proceed by suit in any of the courts of record in the State, to enjoin the manufacture, use, display or sale of counterfeits or colorable imitations of such labels, mark, name or device, or of goods bearing the same, and the courts having jurisdiction of the parties shall grant an injunction restraining such wrongful manufacture, use, display or sale of such counterfeits or colorable imitations and of goods bearing the same, and shall award to the complainants such damages resulting from such wrongful manufacture, use, display or sale as may be proved, and shall require the defendant to pay to the complainants the profits derived from such wrongful manufacture, use, display or sale, or both profits and damages.

SEC. 4751. In like manner the courts of record of this State shall, in a suit brought by a union or association of workingmen or women, restrain by injunction every unauthorized use or display by others of the genuine labels, marks, names, brands or devices registered in the manner specified in section four thousand seven hundred and forty-nine, in all cases where such use or display is not authorized by the owner or owners thereof, and shall award damages and profits in such cases the same as in cases of the use of counterfeited labels, marks, names, brands or devices.

SEC. 4752. In no case shall the certificate from the secretary of state, obtained in conformity with section four thousand seven hundred and forty-nine of this act, be assignable by the party to whom the same is issued.

SEC. 4753. Any person or persons who shall in any way use or sell any counterfeit or colorable imitation of any label, mark, name, brand or device, which has been or shall be adopted by any union or association of workingmen or women, and filed and registered as provided in said act to which this is an amendment, shall be guilty of a misdemeanor, and upon conviction thereof, shall, for each

offense, be fined not less than ten dollars nor more than fifty dollars, or imprisoned not more than thirty days, or both.

SE. 4754. Any person or persons who shall make, use or sell any such label, mark, name, brand or device, when genuine, without the authority or permission of the association or union so adopting and filing the same, or shall use, or sell the same to be used, on any goods or on any article not made or finished by the labor or under the supervision of a member or members of such association or union, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for each such offense, be fined not more than fifty dollars nor less than twenty-five dollars, or imprisoned not more than thirty days, or both.

SEC. 4755. Any person or persons who shall make, use or distribute any counterfeit or colorable imitation of any such label, mark, name, brand or device, knowing the same is such counterfeit or imitation, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for each offense, be fined not more than fifty dollars nor less than twenty-five dollars, or by imprisonment not exceeding thirty days, or both.

CHAPTER 136.-Convict labor.

SEC. 4870. The county court may, for a period not longer than one year, lease the workhouse, grounds and property, which lease shall carry with it and vest in the lessee the right to the labor of all the prisoners who may, during such period, be in the workhouse, under such regulations as the county court may lawfully prescribe. Such lessee shall have the same power and shall discharge the same duties as if he were manager; and shall, with good security, execute a bond payable to the Commonwealth, stipulating that he will keep said leased property in good repair, and return it at the expiration of his term in the same condition as when he received it, natural wear and tear and unavoidable accident excepted. and that he will, in all respects, faithfully discharge his duties as lessee, and perform all the stipulations of the contract of lease, which shall be fully set out in the bond.

SEC. 4871. The county court may, at its discretion, hire out prisoners for part or all of their terms; any one hiring a prisoner shall give a bond, with good security, payable to the Commonwealth, stipulating that such person shall provide proper feed and lodging for the prisoner, and shall pay the price of hire agreed to be paid.

LOUISIANA.
CONSTITUTION.

Local or special laws regulating labor, etc., not to be passed.

ARTICLE 46. The general assembly shall not pass any local or special law on the following specified objects: * * Regulating labor, trade, manufacturing or agriculture. Price of manual labor.

ART. 49. No law shall be passed fixing the price of manual labor.

Mechanics' liens.

ART. 175. The general assembly shall, at its first session, pass laws to protect laborers on buildings, streets, roads, railroads, canals and other similar works, against the failure of contractors and subcontractors to pay their current wages when due, and to make the corporation, company or individual for whose benefit the work is done responsible for their ultimate payment.

ART. 219. There shall be exempt from seizure and sale, by any process whatever, except as herein provided, the homesteads bona fide owned by the debtor and occupied by him, consisting of lands, buildings and appurtenances, whether rural or urban; of every head of family, or person having a mother or a father, a person or persons dependent on him or her for support; also, one work-horse, one wagon

or cart, one yoke of oxen, two cows and calves, twenty-five head of hogs, or one thousand pounds of bacon or its equivalent in pork, whether these exempted objects be attached to a homestead or not; and on a farm the necessary quantity of corn and fodder for the current year, and the necessary farming implements to the value of two thousand dollars; Provided, That in case the homestead exceeds two thousand dollars in value the beneficiary shall be entitled to that amount in case a sale of the homestead under any legal process realizes more than that sum. No husband shall have the benefit of a homestead whose wife owns and is in the actual enjoyment of property or means to the amount of two thousand dollars. Such exemptions to be valid shall be set apart and registered as shall be provided by law. The benefit of this provision may be claimed by the surviving spouse or minor child or children of a deceased beneficiary, if in indigent circumstances. ART. 220. Laws shall be passed as early as practicable for the setting apart, valuation and registration of property claimed as a homestead. Rights to homesteads or exemptions under laws or contracts, or for debts existing at the time of the adoption of this constitution, shall not be impaired, repealed or affected by any provisions of this constitution or any laws passed in pursuance thereof. No court or ministerial officer of this State shall ever have jurisdiction or authority to enforce any judgment, execution or decree against the property set apart for a homestead, including such improvements as may be made thereon from time to time; Provided, The property herein declared to be exempt shall not exceed in value two thousand dollars. This exemption shall not apply to the following cases, to wit: 1, for the purchase price of said property or any part thereof; 2, for labor and material furnished for building, repairing or improving homesteads; 3, for liabilities incurred by any public officer or fiduciary, or any attorney-at-law, for money collected or received on deposit; 4, for lawful claims for taxes or assessments.

ART. 221. The owner of a homestead shall at any time have the right to supplement his exemption by adding to an amount already set apart, which is less than the whole amount of exemption herein allowed, sufficient to make his homestead and exemption equal to the whole amount allowed by this constitution.

Unlawful employment of foreign sailors, etc. (a)

ART. 255. The general assembly shall pass necessary laws to prevent sailors or others of the crew of foreign vessels from working on the wharves and levees of the city of New Orleans; Provided, There is no treaty between the United States and foreign powers to the contrary.

VOORHIES' REVISED LAWS OF 1870-SECOND EDITION.

Protection of employees as voters.

(Page 150.)

SECTION 902. Any planter, manager, overseer or other employer of laborers in this State, who shall, previous to the expiration of the term of service of any laborer in their employ or under their control, discharge from their employ any laborer or laborers on account of their political opinions, or who shall attempt to control the suffrages or votes of such laborers, by any contract or agreement whatever, entered into at any time with such laborers, shall pay a fine of not less than one hundred dollars nor more than five hundred dollars, to be recovered before any court of competent jurisdiction; and it shall be the duty of the district attorney for the judicial district, or the district attorney pro tempore of the parish in which such offender resides, to institute such suit in the name of the parish of the offender's residence, and he shall be entitled to twenty-five per cent. of the amount of all fines he may so recover as his fees in the case, and the balance shall be paid to the treasurer of the common-school fund of such parish, for the use of common schools in such parish; and upon due conviction for any such offense, such offender shall be imprisoned not exceeding one year.

Intimidation of crew of steamboat.
(Page 160.)

SEC. 944. Any person or persons who may, by violence or threats or in any manner intimidate and prevent another from shipping upon any steamboat within this State, or who shail thus interfere with or prevent any person who is one

2352-24

a See Decision, page 1281.

of the crew of a steamboat from discharging his or her duty, or unlawfully interfere with any laborer who may be taking on board or discharging cargo from a steamboat within the State of Louisiana, shall be deemed guilty of a misdemeanor, and, upon conviction before any justice of the peace of this State or recorder of the city of New Orleans, be fined not less than twenty dollars and costs of prosecution, and imprisoned not less than twenty days in the parish jail.

Abandonment of steamboat by employees.

(Page 169.)

SEC. 945. Any person who may ship upon a steamboat in the customary manner to do service on said boat, either by the month or voyage, in the capacity of an officer, engineer, pilot, clerk, mate, carpenter, cook, steward, cabin boy, watchman, fireman, deck hand or laborer, who may abandon the boat before having fulfilled his engagements, or who may refuse to do his duty in the capacity for which he shipped or engaged to perform, before the completion of the voyage or the term o[f] his engagement, without lawful cause, shall, besides forfeiting all claims to the wages due for such service, be liable to the owner or owners of said steamer for any damages which they may sustain by said abandonment or refusal to do duty.

Exemption from execution, etc.

(Page 256.)

SEC. 1691. In addition to the property and effects now exempt from seizure and sale under execution, one hundred and sixty acres of ground, and the buildings and improvements thereon occupied as a residence, and bona fide owned by the debtor, having a family, or mother, or father, or person or persons dependent on him for support; also one work horse, one wagon or cart, one yoke of oxen, two cows and calves, twenty-five head of hogs or one thousand pounds of bacon, or equivalent in pork, and, if a farmer, the necessary quantity of corn and fodder for the current year; Provided, That the property herein declared to be exempt from seizure and sale does not exceed in value two thousand dollars, and, in case of excess, any sale thereof under execution shall be taken from the lot of ground and buildings herein mentioned, and not from the other property herein mentioned as being exempt from seizure and sale; And, provided further, That no debtor shall be entitled to the exemption provided for in this section whose wife shall own, in her own right, and be in the actual enjoyment of property worth more than one thousand dollars.

SEC. 1692. No property shall, by virtue of this act, be exempt from sale for nonpayment of taxes or assessments levied pursuant to law, nor for debt contracted for the purchase price of said exempted property, nor for money due for rents, bearing a privilege on said property under existing laws.

Convict labor.

(Page 444.)

SEC. 2855. The convicts may be employed in such manufacturing, mechanical and other labor as the lessees [of the penitentiary] may deem proper, but no convict shall be employed without the walls of the penitentiary.

VOORHIES' REVISED CIVIL CODE OF 1870-EDITION OF 1887.

Servants.

(Page 22.)

ARTICLE 162. There is only one class of servants in this State, to wit: Free servants.

ART. 163. Free servants are in general all free persons who let, hire or engage their services to another in this State, to be employed therein at any work, commerce or occupation whatever for the benefit of him who has contracted with them, for a certain price or retribution, or upon certain conditions.

ART. 164. There are three kinds of free servants in this State, to wit:

1. Those who only hire out their services by the day, week, month, or year, in consideration of certain wages; the rules which fix the extent and limits of those contracts are established in the title: Of Letting and Hiring.

2. Those who engage to serve for a fixed time for a certain consideration, and who are therefore considered not as having hired out but as having sold their services.

3. Apprentices, that is, those who engage to serve any one, in order to learn some art, trade or profession.

The letting out of labor or industry. (a)

(Page 321.)

ART. 2673. There are two species of contracts of lease, to wit:

1. The letting out of things.

2. The letting out of labor or industry.

ART. 2675. To let out labor or industry is a contract by which one of the parties binds himself to do something for the other, in consideration of a certain price agreed on by them both.

ART. 2745. Labor may be let out in three ways:

1. Laborers may hire their services to another person.

2. Carriers and watermen hire out their services for the conveyance either of persons or of goods and merchandise.

3. Workmen hire out their labor or industry to make buildings or other works. ART. 2746. A man can only hire out his services for a certain limited time, or for the performance of a certain enterprise.

ART. 2747. A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.

ART. 2748. Laborers, who hire themselves out to serve on plantations or to work in manufactures, have not the right of leaving the person who has hired them. nor can they be sent away by the proprietor, until the time has expired during which they had agreed to serve, unless good and just cause can be assigned.

ART. 2749. If, without any serious ground of complaint, a man should send away a laborer whose services he has hired for a certain time, before that time has expired, he shall be bound to pay to such laborer the whole of the salaries which he would have been entitled to receive, had the full term of his service arrived.

ART. 2750. But if, on the other hand, a laborer, after having hired out his services, should leave his employer before the time of his engagement has expired, without having any just cause of complaint against his employer, the laborer shall then forfeit all the wages that may be due to him, and shall moreover be compelled to repay all the money he has received, either as due for his wages, or in advance thereof on the running year or on the time of his engagement.

Privileges or liens of mechanics, etc.

(Page 331.)

ART. 2770. Masons, carpenters and other workmen, who have been employed in the construction of a building or other works, undertaken by the job, have their action against the proprietor of the house on which they have worked, only for the sum which may be due by him to the undertaker at the time their action is cominenced.

ART. 2771. Masons, carpenters, blacksmiths and other artificers, who undertake work by the job, are bound by the provisions contained in the present section, for they may be considered as undertakers each in his particular line of business.

ART. 2772. The undertaker has a privilege, for the payment of his labor, on the building or other work, which he may have constructed.

Workmen employed immediately by the owner, in the construction or repair of any building, have the same privilege.

Every mechanic, workman or other person doing or performing any work towards the erection, construction or furnishing of any building erected under a contract between the owner and builder or other person, (whether such work shall be performed as journeyman, laborer, cartman, subcontractor or otherwise,) whose demand for work and labor done and performed towards the erection of such building has not been paid and satisfied, may deliver to the owner of such building an attested account of the amount and value of the work and labor thus performed and remaining unpaid; and thereupon, such owner shall retain out of his subsequent payments to the contractor the amount of such work and labor, for the benefit of the person so performing the same.

Whenever any account of labor performed on a building erected under a contract as aforesaid, shall be placed in the hands of the owner or his authorized

a See Decisions, page 1281,