CHAPTER II.

LABOR LAWS.

ALABAMA.

CONSTITUTION.

Article 10.-Exemption from execution, etc.-Personal property.

SECTION 1. The personal property of any resident of this State, to the value of one thousand dollars, to be selected by such resident, shall be exempted from sale on execution, or other process of any court, issued for the collection of any debt contracted since the thirteenth day of July, eighteen hundred and sixty-eight, or after the ratification of this constitution.

Article 10.-Exemption from execution, etc.-Homesteads.

SEC. 2. Every homestead, not exceeding eighty acres, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any city, town, or village, or in lieu thereof, at the option of the owner, any lot in the city, town, or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of two thousand dollars, shall be exempted from sale on execution, or any other process from a court, for any debt contracted since the thirteenth day of July, eighteen hundred and sixty-eight, or after the ratification of this constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage or other alienation of such homestead, by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same.

SEC. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debts contracted since the thirteenth day of July, one thousand eight hundred and sixty-eight, or after the ratification of this constitution, in all cases, during the minority of the children.

SEC. 4. The provisions of sections one and two of this article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises.

SEC. 5. If the owner of a homestead die, leaving a widow, but no children, such homestead shall be exempt, and the rents and profits thereof shall enure to her benefit.

CODE OF 1886, VOL. I.

PART I.

TITLE 7.-Exemption from taxation.

SECTION 451. The following property and persons shall be exempt from taxation:

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6. From poll tax, all persons permanently disabled, whose taxable property does not exceed five hundred dollars.

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9. The following property, to be selected by the head of each family, viz: Household and kitchen furniture, not to exceed in value one hundred and fifty 73

dollars; one yoke of oxen, one cart or wagon, two cows and calves, twenty head. of stock hogs, ten head of sheep, all poultry, all agricultural products of the preceding year which are on hand, in the hands of the producer, on the first day of January thereafter; provisions and supplies on hand for the current year, for the use of the family and the making of the crop; all wearing apparel; all looms and spinning wheels, kept for use of the family; farming tools to the value of twenty-five dollars; tools and implements of mechanics to the value of twenty-five dollars; one sewing machine in each family, when the taxable property does not exceed two hundred and fifty dollars: Provided, That no property or subject of taxation shall be exempted from taxation, nor shall any credit, abatement, or deduction be allowed therefrom, unless such property or subject of taxation is entered by the tax-payer upon his assessment list, and returned by him, under oath, to the tax assessor.

PART II.

TITLE 1.-Exemption from execution, etc.-Interests in mutual aid associations. SEC. 1552. The interest of resident members of such associations therein, and of resident beneficiaries provided for thereby, is exempt from all process for the collection of debts, or the enforcement of liabilities.

TITLE 4.-Wages preferred—In administration.

SEC. 2079. The debts against the estates of decedents are to be paid in the following order:

1. The funeral expenses.

2. The fees and charges of administration.

3. Expenses of the last sickness.

4. Taxes assessed on the estate of the decedent previous to his death.

5. Debts due to employees, as such, for services rendered the year of the death of the decedent.

TITLE 5.—Earnings of married women.

SEC. 2342. The earnings of the wife are her separate property; * *

TITLE 6.-Exemption from execution, etc.-Homesteads.

SEC. 2507. The homestead of every resident of this State, with the improvements and appurtenances, not exceeding in value two thousand dollars, and in area one hundred and sixty acres, shall be, to the extent of any interest he may have therein, whether a fee or less estate, or whether held in common or in severalty, exempt from levy and sale under execution or other process for the collection of debts contracted after 23d day of April, 1873, during his life and occupancy, and if he leave surviving him a widow and minor child or children, or either, during the life of the widow and minority of the child or children; but the area of the homestead shall not be enlarged by reason of any incumbrance thereon, or of the character of the estate or interest owned therein by him.

SEC. 2509. The provisions of this title shall not, however, be so construed as to prevent any lien attaching to the homestead in favor of any laborer, mechanic, or material-man for work and labor done, or for materials furnished, or in favor of any vendor for unpaid purchase-money, or so as to affect any deed, mortgage, or lien on such homestead, lawfully executed or created.

SEC. 2543. The homestead of any resident of this State, leaving surviving him at his death a widow and minor child or children, or either, with the improvements and appurtenances, not exceeding in value two thousand dollars, and in area one hundred and sixty acres, shall be exempt from administration and the payment of debts contracted after the 23d day of April, 1873, in favor of such widow and minor child or children, or either, in any event, during the life of the widow, or the minority of the child or children, whichever may last terminate; and the rents and profits of such homestead, if there be a widow and no minor child, shall enure to her benefit during her life; or if there be a minor child or children, and no widow, then to the benefit of such child or children during minority; or if there be both widow and minor child or children, then to their equal benefit during the life of the widow and the minority of the child or children. Such homestead may be retained by the widow or minor child or children, until it is ascertained whether the estate is solvent or insolvent; and if the estate is insolvent, it shall vest in them absolutely.

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SEC. 2544. If such decedent, at the time of his death, has no homestead exempt to him from levy and sale under process, his widow and minor child or children, or either, shall be *% entitled to a homestead exemption out of any other real estate owned by him, which, in value, area, interest and estate, shall conform to the provisions of the preceding section.

TITLE 6.-Exemption from execution, etc.—Burial lots and pews or seats in church.

SEC. 2510. In favor of such resident there shall also be exempt from levy and sale, under execution or other process, any lot or lots in cemeteries, or elsewhere, set apart or used as a burial place for himself or family, and any pew or seat in any church or place of worship, held and occupied by him for the use of himself or family.

TITLE 6.-Exemption from execution, etc.—Personal property.

SEC. 2511. The personal property of such resident, to the amount of one thousand dollars in value, to be selected by him, and, in addition thereto, all necessary and proper wearing apparel for himself and family, and all family portraits or pictures, and all books used in the family, shall also be exempt from levy and sale under execution or other process for the collection of debts contracted after the 23d day of April, 1873.

SEC. 2545. In favor of the widow and minor child or children, or either, of such decedent, there shall also be exempt from administration and the payment of debts contracted after the 23d day of April, 1873, all the wearing apparel of the decedent, and of the widow and minor children, all yarn and cloth on hand intended for their use and consumption, all books kept for use in the family, all family portraits and pictures, all grain, stores and groceries on hand, necessary for the support of the family for twelve months after the decedent's death, and all bedding and household and kitchen furniture, necessary for the use and comfort of the family; to be selected by the widow, if there be one, or if there be no widow, or she fails to act, by the guardian of the minor child or children.

SEC. 2546. In favor of such widow and minor child or children, or either, there shall also be exempt from administration and the payment of such debts, personal property belonging to such decedent at the time of his death, to the amount of one thousand dollars in value, to be selected and set apart for them; but if the estate is solvent, the value of such property so selected and set apart shall be, on final settlement and distribution of the estate, credited on the distributive shares of the widow and children receiving the benefit thereof, or on their respective legacies, if by will disposition is made of the entire estate; and any of such children, on leaving the family, shall be entitled to an equal share of the property so exempt, and then on hand.

TITLE 6.-Exemption from garnishment, etc.-Wages.

SEC. 2512. The wages, salaries, or other compensation of laborers or employees, residents of this State, for personal services, to the amount of twenty-five dollars per month, shall also be exempt from levy under writs of garnishment or other process for the collection of such debts.

PART III.

TITLE 1.-Liability of employers for injuries of employees. (a)

SEC. 2590. When a personal injury is received by a servant or employee in the service or business of the master or employer, the master or employer is liable to answer in damages to such servant or employee, as if he were a stranger, and not engaged in such service or employment, in the cases following:

1. When the injury is caused by reason of any defect in the condition of the ways, works, machinery, or plant connected with, or used in the business of the master or employer.

2. When the injury is caused by reason of the negligence of any person in the service or employment of the master or employer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence.

3. When such injury is caused by reason of the negligence of any person in the service or employment of the master or employer, to whose orders or directions the servant or employee, at the time of the injury, was bound to conform, and did conform, if such injuries resulted from his having so conformed.

a See Decisions, page 1253.

4. When such injury is caused by reason of the act or omission of any person in the service or employment of the master or employer, done or made in obedience to the rules and regulations or by-laws of the master or employer, or in obedience to particular instructions given by any person delegated with the authority of the master or employer in that behalf.

5. When such injury is caused by reason of the negligence of any person in the service or employment of the master or employer, who has the charge or control of any signal, points, locomotive, engine, switch, car, or train upon a railway, or of any part of the track of a railway.

But the master or employer is not liable under this section, if the servant or employee knew of the defect or negligence causing the injury, and failed in a reasonable time to give information thereof to the master or employer, or to some person superior to himself engaged in the service or employment of the master or employer, unless he was aware that the master or employer, or such superior already knew of such defect or negligence; nor is the master or employer liable under subdivision one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the master or employer, or of some person in the service of the master or employer, and intrusted by him with the duty of seeing that the ways, works, machinery, or plant, were in proper condition.

SEC. 2591. If such injury results in the death of the servant or employee, his personal representative is entitled to maintain an action therefor, and the damages recovered are not subject to the payment of debts or liabilities, but shall be distributed according to the statute of distributions.

SEC. 2592. Damages recovered by the servant or employee, of and from the master or employer, are not subject to the payment of debts, or any legal liabilities incurred by him.

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TITLE 1.- Wages not to be defeated by set-off of a money demand. SEC. 2678. * * The wages or hire of any head of a family in this State, not having property liable to levy and sale under execution, can not be defeated or abated by any set-off of a money demand required by the person contracting to pay such wages by assignment or transfer, unless the parties otherwise agree in writing.

TITLE 1.-Exemptions from execution, etc.-Growing crops.

SEC. 2893. No execution or other legal process must be levied upon a growing or ungathered crop of any description, except for the purpose of enforcing liens upon such crops for rent, advances, or labor, as prescribed by law.

TITLE 2.-Mechanics' liens.

SEC. 3018 (as amended by act No. 570, acts of 1894-95). Every mechanic, firm, person or corporation who shall do or perform any work or labor upon, or furnish any material, fixtures, engine, boiler or machinery for any building, article or improvement on land or for repairing, altering or beautifying the same, under or by virtue of any contract with the owner or proprietor thereof or his agent, architect, trustee, contractor or subcontractor, upon complying with the provisions of this chapter, shall have a lien therefor on such building, article or improvement, and on the land on which the same is situated to the extent in ownership, of all the right, title and interest owned therein by such owner or proprietor. And in area of the entire lot or particle of land if in a city, town, or village, or if employees of the contractor and persons furnishing material to him shall extend only to the amount of any unpaid balance due the contractor by the owner or proprietor; and such employees and material men shall also have a lien on such unpaid balance. But if the firm. person or corporation before furnishing any such materials or articles shall notify the owner or his agent in writing that such certain specified materials or articles will be furnished by him to the contractor for use in the building or in the improvements of the owner at certain specified prices, unless he, the owner, or his agent, objects thereto, the furnisher of such materials or articles shall have his lien for the full price thereof specified in the notice to the owner as provided by this section regardless of whether the amount of the claim for such article or materials so furnished exceeds such unpaid balance or not, unless on the notification above provided being given, the owner or his agent shall notify such furnisher in writing before the materials or articles are used, that he will not be responsible for the price thereof.

SEC. 3019. Such lien, as to the land, shall have priority over all other liens, mortgages, or incumbrances created subsequently to the commencement of the