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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. SECTION 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.

SECTION 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 por traits 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.

SECTION 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 pay. ment 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.

SECTION 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.

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

PART III.

TILE 1.-Liability of employer for injuries of employés.

SECTION 2590. When a personal injury is received by a servant or employé in the service or business of the master or employer, the master or employer is liable to answer in damages to such servant or employé, 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 employé, at the time of the injury, was bound to conform, and did conform, if such injuries resulted from his having so conformed.

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 obe

dience 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 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 un- · der this section, if the servant or employé 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 sub-division 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.

SECTION 2591. If such injury results in the death of the servant or employé, 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.

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

TITLE 1.- Wages not to be defeated by set-off of a money demand. SECTION 2678. *

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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 acquired 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.

SECTION 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.

CODE OF 1886, VOL. II.

PART V.

TITLE 2.-Enticing employés.

SECTION 3757. Any person, who knowingly interferes with, hires, employs, entices away, or induces to leave the service of another, or attempts to hire, employ, entice away, or induce to leave the service of another any laborer or servant who has contracted in writing to serve such other person for any given time, not to exceed one year, before the expiration of the time so contracted for, or who knowingly interferes with, hires, employs, entices away, or induces any minor to leave the service of any person to whom such service is lawfully due, without the consent of the party employing, or to whom such service is due. given in writing, or in the presence of some creditable person, must, on conviction, be fined not less than fifty,nor more than five hundred dollars, at the discretion of the jury, and in no case less than double the damages sustained by the party whom such laborer or servant was induced to leave; * * *.

SECTION 3758. When any laborer or servant, having contracted as provided in the preceding section, is afterwards found in the service or employment of another before the termination of such contract, that fact is prima facie evidence that such person is guilty of a violation of that section, if he fail and refuse to forthwith discharge such laborer or servant, after being notified and informed of such former contract or employment.

SECTION 3761. Any person, who employs any immigrant, or otherwise entices him from his employer, in violation of the contract of such immigrant, must, on conviction, be fined in a sum not less than the amount of wages for the unexpired term of the contract, and may be imprisoned in the county jail, or sentenced to hard labor for the county, at the discretion of the jury, for not more than three months.

TITLE 2.—Immigrant leaving service without repayment of advances. SECTION 3762. Any immigrant who abandons or leaves the service of an employer without repaying all passage money and all other advances, must, on conviction, be fined in a sum not more than double the amount of wages for the unexpired term of service and imprisoned not longer than three months, or sentenced to hard labor for the county for not more than three months, at the discretion of the jury.

TITLE 2.-Intimidation, etc., of employers and employés.

SECTION 3763. Any person, who, by force or threats of violence to person or property, prevents, or seeks to prevent another from doing work or furnishing materials, or from contracting to do work or furnish materials, for or to any person engaged in any lawful business, or who disturbs, interferes with, or prevents the peaceable exercise of any lawful industry, business, or calling by any other person, must, on conviction, be fined not less than ten, nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than twelve months.

TITLE 2.-Sunday labor.

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SECTION 4045. Any person, who compels his child, apprentice, or servant to perform any labor on Sunday, except the customary domestic duties of daily necessity or comfort, or works of charity; * or who, being a merchant or shopkeeper, druggist excepted, keeps open store on that day, must, for the first offense, be fined not less than ten, nor more than twenty dollars, and, for the second, or any subsequent offense, must be fined not less than twenty, nor more than one hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than three months; but the provisions of this sectfon do not apply to the running of railroads, stages, or steamboats, or other vessels navigating the waters of this State, or any manufacturing establishment which requires to be kept in constant operation.

TITLE 3.-Convict labor.

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SECTION 4586. Hard labor for the county shall be under the superintendence and control of the court of county commissioners, who shall determine in what manner and on what particular works the labor shall be performed; SECTION 4595. Hard labor for the county includes labor on the public roads, public bridges, and other public works in the county; and authorizes the letting of such convicts to hire to labor anywhere within the State, as may be determined by the court of county commissioners.

SECTION 4619. Convicts sentenced to the penitentiary or to hard labor for the county shall not be required to work on Christmas Day or the Fourth day of July. SECTION 4641. All of the convicts may be hired to be worked outside of the walls; and when they are to be so hired, the president of the board of inspectors shall give notice thereof, by publication in one or more papers in each of the cities of Mobile, Montgomery, Huntsville and Birmingham, for at least thirty days previous to a day designated in said notice, that sealed proposals will be received at his office for the hire of convicts. The notice shall state the terms and conditions upon which the convicts shall be hired. SECTION 4648. Not less than one hundred State or county convicts shall be hired to one person, or kept at one prison, and they shall be governed, worked and guarded as prescribed by the rules and regulations prescribed for working penitentiary convicts outside the walls. The violation of this section is a misdemeanor, punishable, on conviction, by a fine not exceeding one thousand dollars, and hard labor not less than twelve months; but less than one hundred may be hired to one person, when worked within the county where

convicted.

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SECTION 4657. It is unlawful to work upon railroads any convicts;

ACTS of 1887.

ACT No. 47.-Color blindness of railroad employés.

SECION 1. All persons affected with color blindness and loss of visual power, one or both, to the extent to be defined in accordance with the requirements of this act, shall be and they are hereby disqualified from serving on railroad lines within this State in the capacity of locomotive engineer, fireman, train conductor, brakeman, station agent, switchman, flagman, gate tender or signal man, or in any other position which requires the use of discrimination of form or color signals.

SECTION 2. Any person who shall serve in any of the capacities mentioned in section one of this act without first having obtained a certificate of fitness for his position, in accordance with the provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall be fined not less than ten nor more than fifty dollars, for each and every offense.

SECTION 3. On and after the first day of June, 1887, examinations and reexaminations, at the expense of the railroad companies, shall be required under this law, and any railroad company, officer or agent of the same, employing after said date a person in any of the capacities specified in section one of this act, who does not possess a certificate of fitness therefor, in so far as color blindness and visual powers are concerned, duly issued in accordance with the requirements of this act, shall be guilty of a misdemeanor, and for each and every offense shall be punished by a fine of not less than fifty nor more than five hundred dollars; Provided, That those persons already in employment in said capacities on the first day of June, 1887, shall be allowed until the first day of August, 1887, in which to procure the necessary certificates.

SECTION 6. The following rules shall govern the actions of the examiners: Provided, That the State board of health may from time to time make such alterations in or additions to these rules and requirements as they may deem just and proper:

Rule 1.-All railroad employés requiring examination under this act shall be divided into two classes: Class first, shall include engineers, firemen and brakemen; class second, shall include train conductors, station agents, switchmen, flagmen, gate tenders, signal men, and all others whose duties require them to use or distinguish form or color signals.

Rule 2.-Certificates shall be given for each class in accordance with the following directions for examinations: promotion from one class to the other requires re-examination and certificate.

Rule 3.—Re-examination shall be made once every five years, and also under the following conditions, viz: After any serious disease of the eyes; after all injuries affecting the head or the eyes; after any disease of the brain; after every long continued illness, as typhoid fever; after mistakes or acts which call in question the visual powers, either of form or color; and whenever a majority of the board may deem it necessary and so direct.

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Rule 6.-After an employé has held his position for five years or more, the standard required in each class may be determined by special action of the examining board.

ACT No. 49.-Employment, hours of labor, etc., of women and children. SECTION 1. Whoever compels a child under eighteen years of age or a woman to labor in a mechanical or a manufacturing business more than eight hours in any day, or permits a child under the age of fourteen years to labor for more than eight hours in any day in any factory, workshop or other place used for mechanical or manufacturing purposes of which he has control, or whoever shall work or permit to be worked in a coal or iron mine, or mines, children under the age of fifteen years of age, shall be fined not more than fifty dollars nor less than five dollars.

ACT NO. 59.-Examination of locomotive engineers.

SECTION 1. It shall be unlawful for the engineer of any railroad train in this State to drive or operate or engineer any train of cars or engine upon the main line or road bed of any railroad in this State which is used for the transportation of persons, passengers or freight, without first undergoing an examination once, obtaining a license as hereinafter provided.

SECTION 2. Before any locomotive engineer shall operate or drive an engine upon the main line or road bed of any railroad in this State used for the transportation of persons or freight, he shall apply to the board of examiners hereinafter provided for in this act, and be examined by said board or two or more members thereof, in practical mechanics, and concerning his knowledge of operating a locomotive engine and his competency as an engineer.

SECTION 3. Upon the examination of any engineer as provided in this act, if the applicant is found competent, he shall upon payment of five dollars, receive a license, which shall be signed by each member of the board, and which shall set forth the fact that the said engineer has been duly examined as required by law and is authorized to engage as an engineer on any of the railroads in this State.

SECTION 4. In addition to the examination provided for in section two (2), it shall be the duty of said board of examiners, before issuing the license provided for in this act, to inquire into the habits and character of all engineers applying for license; and in no case shall a license be issued, if the applicant is found to be of reckless or intemperate habits.

SECTION 5. Any engineer, who, after procuring a license as provided in this act, shall at any time be guilty of any act of recklessness, carelessness or negligence, while running an engine, by which any damage to persons or property is done; or who shall within six hours before, or during the time he is engaged in running an engine, be in a state of intoxication, shall forfeit his license, with all the rights and privileges acquired by it, indefinitely or for a stated period, as the board may determine after notifying such engineer to appear before the board, and enquiring into his act or conduct. It shall be the duty of the board to determine whether the engineer is unfit or incompetent by reason of any act or habit unknown at the time of his examination, or acquired or formed subsequent to it, and if it is made to appear that he is unfit or incompetent from any cause, the board shall revoke or cancel his license and shall notify every railroad in this State of the action of the board.

SECTION 6. It shall be the duty of the governor, as soon after the approval of this act as practicable, to appoint and commission five skilled mechanics, one of whom shall reside in Birmingham, one in Montgomery, one in Mobile, one in Selma, and one in Eufaula, who shall constitute a board of examiners for locomotive engineers. It shall be the duty of said board to examine locomotive engineers, issue licenses, hear causes of complaint, revoke or cancel licenses, and perform such duties as are provided in this act: Provided, That any one of said board shall have authority to examine applicants for licenses, and if the applicant is found competent, to issue license to him: Provided further, That for every examination provided in this act the board or member thereof making the examination shall be entitled to five dollars, to be paid by the applicant.

SECTION 7. All engineers now employed in running or operating engines upon railroads in this State, shall have three months after the appointment of the board herein provided, within which to be examined and to obtain license.

SECTION 8. Any engineer violating the provisions of this act, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than fifty, nor more than five hundred dollars, and may also be sentenced to hard labor for the county for not more than six months.

ACT No. 353.- Exemption from taxation-Agricultural products.

SECTION 1. On and after the first day of January, 1887, all cotton and other agricultural products which were raised or grown during the preceding year, and which shall remain in the hands of the producers thereof on the first day of January of any year, immediately succeeding that in which they were raised, shall be exempted from taxation.

ACT No. 383.-Convict labor in Jefferson County.

SECTION 1. From and after the first day of January, 1888, it shall be the duty of the court of county commissioners of Jefferson County to employ all convicts, except females, sentenced to hard labor for said county, in work upon the public roads of said county.

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SECTION 8. Nothing in this act shall prevent the court of county commissioners from letting out, from time to time, public works, bridges and public roads, by contract, to such suitable person or persons as said court may deem for the best interest of the county; but such contractor must take the convicts of said county and work them upon the public road or roads,

ACTS OF 1889.

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ACT No. 92.-Seats for female employés.

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SECTION 1. It shall be unlawful for anyone to employ any female clerk in any store in this State, without providing them with the proper accommodations for sitting down and resting, and permitting them to do so when not otherwise employed.

SECTION 2. Any person, firm or corporation who shall violate the provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten dollars for each offense.