county auditor or county clerk of the county in which such conviction shall be had to transinit a certified copy of the record of conviction to the auditor or clerk of each county in this State within ten (10) days thereafter, which said certified copy shall be duly filed by the said county auditor or clerk in their respective offices.

CHAPTER 104.-Free text-books in public schools.

SEC. 8. Upon a written petition of a majority of the electors of any school corporation, or a majority of the vote cast at any regular school election, by giving ten days' notice of such election asking that the schoolbooks be furnished free to the pupils, it shall be the duty of said board to arrange and furnish the free use of books to the pupils of such corporation under such rules and regulations as said school board may determine.

ACTS OF 1893.

CHAPTER 17.-Importation of men for police duty prohibited.

SECTION 1. No armed police force or detective agency or armed body of men other than United States troops shall ever be brought into the State for the suppression of violence, except upon the application of the legislature when in session, or the executive, when the legislature is not in session.

SEC. 2. Any violation of the provisions of this act shall be a felony.

CHAPTER 36.-Conditional sale of personal property.

SEC. 1. All sales of personal property, where the possession is delivered to the vendee, on condition that the title shall remain in the vendor until the purchase money is paid, shall vest such title in the vendee as to third persons without notice of such conditions, unless such contract is in writing and filed with the register of deeds of the county where the vendee resides.

CHAPTER 97.-Assignment, etc., of claims to avoid effect of exemption laws, unlawful.

SEC. 1. Whoever, whether principal, agent or attorney, with intent thereby to deprive any bona fide resident of the State of South Dakota of his or her rights under the statutes of South Dakota on the subject of the exemption of property from levy and sale on execution or in attachment, sends, or causes to be sent out of the State of South Dakota any claim for debt to be collected by proceedings in attachment, garnishment or other mesne process, when the creditor, debtor or person, or corporation owing for the earnings intended to be reached by such proceedings in attachment, are each and all within the jurisdiction of the courts of the State of South Dakota shall, upon conviction thereof, be fined for each and every claim so sent [by] him, in a sum not less than ten dollars nor more than fifty dollars.

SEC. 2. Whoever, either directly or indirectly, assigns or transfers any claim for debt against a citizen of South Dakota for the purpose of having the same collected by proceedings in attachment, garnishment or other process, out of the wages or personal earnings of the debtor in courts outside of the State of South Dakota, when the creditor, debtor, person or corporation owing the money intended to be reached by the proceedings in attachment, are each and all within the jurisdiction of the courts of the State of South Dakota, shall, upon conviction thereof be fined in any sum not less than ten dollars nor more than fifty dollars for each offense.

SEC. 3. Whenever, in any proceedings in any court of this State, to subject the wages due to any person to attachment, it shall appear that such person is a nonresident of the State of South Dakota, that the wages earned by him were earned and payable outside the State of South Dakota, the said person whose wages are so sought to be subjected to attachment shall be allowed the same exemption as is at the time allowed to him by the law of the State in which he so resides.

CHAPTER 131.-Convict labor.

SEC. 1. The state board of charities and corrections is hereby instructed to proceed as soon as possible to purchase, erect and maintain the necessary machinery and appliances for the manufacture in the state penitentiary, of binding twine, from hemp or flax fiber.

SEC. 2. In the purchase of material for the manufacture of twine preference shall be given to fiber grown in the State of South Dakota.

SEC. 3. The price of twine shall be fixed at the actual cost of production. But no twine shall be put upon the market at a greater price than it can be purchased for of other manufacturers, and no twine shall be sold outside of the State so long as there is a market for the same within South Dakota.

ACTS OF 1895.

CHAPTER 133.-Mechanics' liens-Public works.

SECTION. 1. Every person who shall perform any labor or furnish any material for the construction or repair of any work for any county or municipal or public school corporation in this State to any person who shall have made any contract for such work with such corporation, upon complying with the provisions of this act shall have for his labor done or materials furnished a lien upon all moneys in the control of such corporation due or to become due under such contract.

SEC. 2. Every person wishing to avail himself of the provisions of this act, shall within twenty (20) days after the material furnished by him shall have been furnished or the work done by him shall have been performed file with the officer of such corporation, who is by law made the custodian of its official records, a just and true account of the demand due or to become due him after allowing all credits and verified by his affidavit. But a failure to file the same within the time aforesaid shall not defeat the lien upon the amount remaining due to the contractor at the time of filing. If any person who shall have performed labor or furnished materials as provided in this act shall procure from the contractor a settlement and statement of his account signed by the contractor and verified by his own affidavit, the same may be filed, and shall have the same force and effect as the account heretofore mentioned.

SEC. 3. The officer of the corporation shall indorse upon every account so filed the date of the filing, and report the same to the next meeting of the governing body of such corporation. All liens filed shall attach from the time of the filing thereof.

SEC. 4. Any person having a lien by virtue of this act, may bring an action to enforce the same in the circuit court of the county where the work of improvement shall be situated. Actions to determine such lien may be commenced by the corporation or by the contractor. The plaintiff in any such action must make all persons who shall have filed liens, the contractor and corporation parties. Any person claiming a lien may, if he be a defendant, by answer set forth such lien. The court shall determine the validity of all liens filed, the amount due upon each, the amount due to the contractor, and, if the amount due to the contractor be sufficient, shall order the corporation to pay the amounts of all liens adjudged valid to the persons entitled to the same and the costs of the action, and the residue, if any, to the contractor. If the amount due the contractor shall not be sufficient to pay all liens in full the court shall order and direct the payment of the same after deducting the costs of the action, to the persons whose liens are adjudged valid ratably in proportion to the amounts of their several claims; and if the contractor shall have been personally served with the summons in the action or shall have appeared therein the court may order execution to be issued against him in favor of each person whose lien shall not have been paid in full for the balance of his claim remaining unpaid. The corporation shall not be liable in any event for more than the amount due to the contractor under the provisions of this act, nor for any costs of the action.

SEC. 5. All claims for liens under the provisions of this act shall cease to have any validity or to be binding upon the corporation or the contractor unless an action to enforce the same as herein provided, shall be commenced within thirty (30) days from the acceptance of the work for which the same shall be claimed. SEC. 7. Nothing contained in this act shall be construed to impair or affect the right of any person to whom any sum may be due for work done or materials furnished to any contractor for any work mentioned in this act to maintain an action against the person liable therefor.

SEC. 8. The term · contractor” as used in this act shall be construed as meaning the person with whom the contract with the corporation shall be made, his assigns or legal representatives. And the word "person" as used in this act shall include persons, partnerships and corporations.

SEC. 9. This act shall apply to and include all cases and contracts under which work or materials shall heretofore have been or shall hereafter be done or furnished to any contractor for the construction or repair of any improvement for

any county or municipal or public school corporation, upon any street, public highway or public ground, or upon any land the title to which shall have been at the time of making the contract or thereafter in such county, or municipal or public school corporation, and for the purpose of which any appropriation of the funds of such corporation shall have been or shall hereafter be inade, or raised by such corporation; and this act shall also apply to and include actions and claims now pending for work done or materials furnished under any such contract. Provided, That the provisions of this section shall not apply to any case where the improvement has been completed before the passage of this act, except as to moneys left in the hands of such public corporation and to which the contractor would be otherwise entitled.

TENNESSEE.

CONSTITUTION.

ARTICLE 2.-Exemption from taxation.

SECTION 28. All property,

except

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*

*

* *

shall be taxed, but the legislature may and shall except one thousand dollars' worth of personal property in the hands of each taxpayer, and the direct product of the soil in the hands of the producer and his immediate vendee.

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ARTICLE 11.-Exemption from execution, etc.-Homesteads.

SEC. 11. A homestead in the possession of each head of a family, and the improvements thereon, to the value in all, of one thousand dollars, shall be exempt from sale under legal process during the life of such head of a family, to inure to the benefit of the widow, and shall be exempt during the minority of their children occupying the same. This exemption shall not operate against public taxes, nor debts contracted for the purchase money of such homestead or improvements thereon.

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CODE OF 1884.

PART I, TITLE 3.—Bureau of agriculture, statistics and mines.

SECTION 294. There shall be a department to be styled the bureau of agriculture statistics and mines, for the State of Tennessee.

SEC. 295. It shall be under the control and management of one officer, who shall be known as the commissioner of agriculture, statistics and mines; he shall be appointed by the governor, by and with the advice and consent of the senate, and shall hold his office for a period of two years.

SEC. 299. The duties of the commissioner shall be:

6. It shall likewise be the duty of the commissioner to collect statistics of the labor of the State, * * * also the extent to which manufacturing is carried on in this State, especially of cotton and iron. He shall also report the special facilities of the State for engaging in such enterprises, such as water power, convenience of coal and ore, contiguity to market, and such other facts as may attract capital and labor to the State, and upon all these subjects he shall make a biennial report to the legislature.

PART I, TITLE 6.-Voting of employee no violation of contract with employer.

SEC. 1039. It shall be no violation of a contract for personal service for any qualified voter, who is an employee, to go to polls of his district or ward to vote on election days; and every contract that will, or is designed to keep, such voters away from the polls, shall be void.

PART I, TITLE 9.-Cotton compress and warehouse associations-Liability of stockholders for debts due employees.

SEC. 1782. The stockholders are to be individually liable for all moneys due to laborers, servants, clerks and operatives of the company, in case the company becomes insolvent.

PART I, TITLE 9.-Hotel companies-Liability of stockholders for debts due

employees.

SEC. 1798. The stockholders of said corporation shall be individually liable for all moneys due to laborers, servants, and clerks of said corporation.

PART I, TITLE 9.—Mining, quarrying, boring, and manufacturing companies— Liability of stockholders for debts due employees. (a)

SEC. 1858.

營營

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The stockholders are jointly and severally liable individually at all times for all moneys due and owing to the laborers, servants, clerks and operatives of the company, in case the corporation becomes insolvent.

PART I, TITLE 9.—Provision and packing companies—Liability of stockholders for debts due employees.

SEC. 1879. The stockholders are jointly and severally liable, individually, at all times for all moneys due and owing to the laborers, servants, clerks and operatives of the company, in case the corporation becomes insolvent.

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PART I, TITLE 9.-Printing and publishing companies-Liability of stockholders for debts due employees.

SEC. 1889.

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*

The stockholders shall be individually liable to journeymen for wages, and also to all other servants and employees of said company.

PART I, TITLE 9.—Stock yard companies—Liability of stockholders for debts due

employees.

SEC. 1919. * * * The stockholders are to be individually liable for all moneys due the laborers, servants, clerks and operatives of the company in case the company becomes insolvent.

* * *

PART I, TITLE 9.-Transfer and omnibus companies—Liability of stockholders for debts due employees.

SEC. 1932. The stockholders to be individually liable for all debts due to servants and agents of the company;

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PART I, TITLE 9.—Wrecking and salvage companies-Liability of stockholders for debts due employees.

SEC. 1971. The stockholders shall be held jointly and severally liable individually to the laborers, servants, clerks and operatives of the company for all moneys due and owing them, in case the corporation becomes insolvent; *

PART I, TITLE 12.-Sunday labor.

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*

SEC. 2289. If any merchant, artificer, tradesman, farmer, or other person shall be guilty of doing or exercising any of the common avocations of life, or of causing or permitting the same to be done by his children or servants, acts of real necessity or charity excepted, on Sunday, he shall, on due conviction thereof before any justice of the peace of the county, forfeit and pay three dollars, one-half to the person who will sue for the same, the other half for the use of the county.

PART I, TITLE 12.-Coal mine regulations and inspection. (b)

[NOTE: Chapter 170 of the acts of 1881, the mine law of the State. was omitted from the Code of 1884 for the reason, as stated by the editors in a note at the end of the above title, that "it is adapted to mines entered by shafts, whereas, with a single exception, the mines in this State are drift mines." As said chapter is undoubtedly in force it is given below.]

SEC. 1. The owners, agent, or agents of every coal mine or colliery shall make, or cause to be made, an accurate map or plan of the workings of such coal mine or colliery, on a scale of not more than one hundred feet to the inch, which map or plan shall exhibit the workings in each seam of coal, and shall state the general

a See Decisions, page 1331.

b See Decision, page 1332.

inclination of the strata, with any material deflections therein in said workings, and shall truthfully and accurately show the boundary lines of the lands of the said coal mines or colliery, and the proximity of the workings to the lines of adjacent owners, a true copy of which map or plan the said owners, agent, or agents shall deposit with the inspectors of coal mines or collieries for the district in which the coal mine or colliery is situated, within four months from the passage of this act, and one copy shall be kept at the office of each colliery, and the said owners, agent or agents shall furnish to the inspector aforesaid, on the first day of January and July in every year hereafter, a statement, or map, or plan of the progress of the workings of such coal mine or colliery during the six months past, up to date, to enable the inspector to mark the same upon the map (or plan of the map) or plan of the coal mine or colliery furnished and deposited with said inspector, as hereinbefore provided for, and when any coal mine or colliery is worked out preparatory to being abandoned, or when any local lift thereof is being finishe 1, with a view and for the purpose of being abandoned, the owners, agent or agents of such coal mine or colliery shall have the map or plan thereof furnished as hereinbefore provided, or such portions thereof as the case may require, carefully verified; and notice shall be given to the inspector of coal mines or collieries for the district, in writing, of the purpose to abandon; and in the case the said owners, agent, or agents shall neglect or refuse to furnish the maps or plans by this section required, or any of them, or shall knowingly or designingly cause such maps or plans, when furnished, to be incorrect or false, such owners, agent, or agents thus offending, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine not less than fifty nor more than five hundred dollars, or imprisoned not exceeding three months, at the discretion of the court.

SEC. 2. Whenever the owners, agent, or agents of any coal mine or colliery shall neglect or refuse, or from any cause fail, for the period of two months, to furnish to the inspectors the map or plan of the addition thereto, provided for in the first section of this act; or if the inspector finds, or has reason to believe, that any plan or map of any coal mine or colliery, furnished him under the provisions of this act, is materially inaccurate or imperfect, he is hereby authorized to cause an accurate map or plan of the actual workings of such coal mine or colliery to be made at the expense of the owner or owners thereof, the cost of which shall be recoverable by law, as other debts are from said owner or owners.

SEC. 3. Four months from and after the passage of this act it shall not be lawful for the owners, agent, or agents of any coal mine or colliery, worked by or through a shaft or slope, to employ any person or persons in working with [in] such coal mine or colliery, or to permit any person to be in such coal mine or colliery for the purpose of working therein unless there are, in communication with every seam or stratum of coal worked in such coal mine or colliery, for the time being at work, at least two shafts, or slopes, or outlets, separated by natural strata of not less than one hundred and fifty feet in breadth, by which shafts, slopes or outlets, distinct means of ingress and egress, are always available for the person or persons so employed in the coal mine or colliery; but it shall not be necessary for the two shafts, slopes, or outlets to belong to the same coal mine or colliery if the person or persons therein employed have ready and available means of ingress and egress, by not less than two shafts, slopes, or outlets, one or more of which may belong to another coal mine or colliery; Provided, That 2d opening can be had through coal, but that if any tunnel or shaft will be required for the additional opening, work upon the same to commence immediately after the passage of this act, and continue until its final completion, with not less than three shifts in each twenty-four hours, and as many hands to be employed as can be put to work at advantage, the inspector to be the judge as to the least number of hands engaged per shift. This section shall not apply to opening a new coal mine or colliery, nor to any working for the purpose of making a communication between two or more shafts, slopes, or outlets, so long as not more than twenty persons are employed at any one time in said new mine or workings. And the term "owner," used in this act shall mean the immediate proprietor, lessee, or occupier of a coal mine or colliery, or of any part thereof, and the term "agent" shall mean any person having, on behalf of the owner, the care or direction of a coal mine or colliery, or any part thereof.

SEC. 6. The owner, lessee, operator, or agent of every coal mine or colliery shall erect or provide at or near the mouth or entrance to such mine, and maintain the same at all times where men are employed in such mines, to wash and change their clothes when entering the mine, and when returning therefrom.

SEC. 7. The owners or agents of every coal mine or colliery shall provide and establish for every such coal mine or colliery an adequate amount of ventilation, and not less than fifty-five cubic feet per second of pure air, or thirty-three