ACTS OF 1893.

ACT No. 239.-Protection of wages of employees of railroad companies.

(Page 91.)

SECTION 1. The amounts due to the employees by any railroad company for wages earned by service rendered to said railroad company shall constitute a lien upon the railroad and other property of said railroad company, which shall be superior in dignity to the lien of any mortgage or other contract lien hereafter executed or created by said railroad company; Provided, That no employee shall be entitled to said lien under this act to an amount exceeding five hundred dollars.

SEC. 2. Whenever any railroad has been seized by any order or process from any court appointing a receiver for said railroad company it shall be the duty of the judge presiding in said court to order payments on account of liabilities specified in this act to be made out of any funds of said company available for said purpose so soon as the amount of said liabilities is liquidated, and if the same are disputed, then so soon as they can be judicially ascertained, and without awaiting the final judgment in said cause. And whenever any railroad has been seized by any trustee, or other person by authority of any provision in any trust deed or other conveyance to secure debt, it shall be the duty of said person so seizing said railroad to pay said liabilities specified in this act out of the first moneys coming into his hands so soon as the amount of the same can be ascertained, and if said amounts are disputed, then so soon as the same may be determined, judicially or otherwise; and in all cases where a railroad has been seized as last aforesaid, the persons having such claims of liabilities shall have the same right to proceed against said property to collect and secure the amount due on account of said liabilities, as if said railroad had not been seized by any trustee or other person under any said trust deed or other conveyance for the security of debt.

ACT No. 380.-Trade-marks of trade unions, etc.

(Page 134.)

SEC. 1. Whenever any person, association or union of workingmen have adopted, or shall hereafter adopt for their protection, any label, trade-mark or form of advertisement announcing that goods to which such label, trade-mark and forms of advertisement shall be attached were manufactured by such person or by a member or members of such association or union, it shall be unlawful for any person or corporation to counterfeit or imitate such label, trade-mark or form of advertisement with intent to use the same for the purpose of deceiving the public in the sale of the goods. Every person violating this section shall be punished upon conviction by a fine of not less than one hundred dollars nor more than two hundred dollars.

SEC. 2. Every person who shall use any counterfeit or imitation of any label, trade-mark or form of advertisement of any such person, union or association, knowing the same to be counterfeit or imitation, shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars nor more than two hundred dollars.

SEC. 3. Every such person, association or union that has heretofore adopted or shall hereafter adopt a label, trade-mark or form of advertisement as aforesaid, may file the same for record in the office of the secretary of state by leaving two copies counterpart or facsimile thereof with the secretary of state. Said secretary shall deliver to such person, association or union, so filing the same a duly attested certificate of the record of the same, for which he shall receive a fee of one dollar; such certificate of record shall in all suits and prosecutions under this this act be sufficient proof of the adoption of such label, trade-mark or form of advertisement, and of the right of said person, association or union to adopt the same. No label shall be recorded that probably would be mistaken for a label already of record.

SEC. 4. Every such person, association or union adopting a label, trade-mark or form of advertisement as aforesaid, may proceed by suit to enjoin the manufacture, use, display or sale of any such counterfeits or imitations, and all courts having jurisdiction thereof shall grant injunction to restrain such manufacture, use, display or sale, and shall award the complainant in such suits such damages resulting from such wrongful manufacture, use, display or sale as may by said court be deemed just and reasonable, and shall require the defendant to pay to such person, association or union the profit derived from such wrongful manufacture, use, display or sale, and such court shall also order that all counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed.

SEC. 5. Every person who shall use or display the genuine label, trade-mark or form of advertisement of any such person, association or union, in any manner not authorized by such person, association or union, knowing that such use or display is not authorized, with intent to deceive the public in the sale of the goods, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars nor more than two hundred dollars. In all cases where such associations or unions are not incorporated, suits under this act may be commenced and prosecuted by any officer or member of such association or union on behalf of and for the use of such association or union.

SEC. 6. Any person or persons who shall in any way use the name or seal of any such person, association or union, or officer thereof, in and about the sale of goods or otherwise, not being authorized to so use the same, knowing that such use is unauthorized, with the intent to deceive the public in the sale of goods, shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars nor more than two hundred dollars.

ACTS OF 1895.

ACT No. 181.-Certain contracts of employees waiving right to damages void.

(Page 97.)

SECTION 1. All contracts between master and servant, made in consideration of employees, whereby the master is exempted from liability to the servant arising from the negligence of the master or his servants, as such liability is now fixed by law, shall be null and void as against public policy.

ACT No. 224.-Railroad companies-Liability of receivers, etc., for injuries to

employees.
(Page 103.)

SEC. 1. The liability of receivers, trustees, assignees, and other like officers operating railroads in this State, or partially in this State, for injuries and damages to persons in their employ, caused by the negligence of coemployees, shall be the same as the liability now fixed by the law governing the operation of railroad corporations in this State for like injuries and damages, and a lien is hereby created on the gross income of any such railroad while in the hands of any such receiver, trustee, assignee, or other person, in favor of such injured employees, superior to all other liens against defendant under the laws of this State.

SEC. 2. Suits may be brought against either of such officers in the same county, and service may be perfected by serving them or their agents in the same manner as if the suit had been brought against the corporation whose property or franchise is being operated by them, and all such suits may be brought without first having obtained leave to sue from any court.

ACT No. 11.-Convict labor-Bibb County.

(Page 414.)

SEC. 1. The road commissioners of Bibb County, in addition to the working the public roads, shall work the convict forces used in working the public roads of Bibb County at such times and places, and in such manner, as they may be directed by the county board of commissioners of Bibb County, upon the public bridges, sewers, for the benefit of the public roads, system of swamp drainage, canals, dams, open drains, ditches, and trunks, and all other public works that have been or may hereafter be established by the county board of commissioners of Bibb County; Provided, Said road commissioners shall not be compelled under this act to withdraw from the public road work of the county more than fifty per cent. of said convict force at any one time.

IDAHO.
CONSTITUTION.

ARTICLE 13.-Bureau of immigration, labor and statistics.

SECTION 1. There shall be established a bureau of immigration, labor and statistics, which shall be under the charge of a commissioner of immigration, labor and statistics, who shall be appointed by the governor, by and with the consent

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of the Senate. * The commissioner shall collect information upon the subject of labor, its relation to capital, the hours of labor and the earnings of laboring men and women, and the means of promoting their material, social, intellectual and moral prosperity. The commissioner shall annually make a report in writing to the governor of the State, of the information collected and collated by him, and containing such recommendations as he may deem calculated to promote the efficiency of the bureau.

SEC. 8. The commissioner of immigration, labor and statistics, shall perform such duties and receive such compensation as may be prescribed by law.

ARTICLE 13.-Hours of labor-Public works.

SEC. 2. Not more than eight (8) hours actual work shall constitute a lawful day's work on all State and municipal work.

ARTICLE 13.-Convict labor.

SEC. 3. All labor of convicts confined in the State's prison shall be done within the prison grounds, except where the work is done on public works under the direct control of the State.

ARTICLE 13.-Employment of children in underground mines.

SEC. 4. The employment of children under the age of fourteen (14) years in underground mines is prohibited.

ARTICLE 13.-Employment of aliens on public works.

SEC. 5. No person not a citizen of the United States, or who has not declared his intention to become such, shall be employed upon or in connection with any State or municipal works.

ARTICLE 13.-Mechanics' liens.

SEC. 6. The legislature shall provide, by proper legislation, for giving to mechanics, laborers and material men, an adequate lien on the subject-matter of their labor.

ARTICLE 13.-Boards of arbitration.

SEC. 7. The legislature may establish boards of arbitration, whose duty it shall be to hear and determine all differences and controversies between laborers and their employers, which may be submitted to them in writing by all the parties. Such boards of arbitration shall possess all the powers and authority, in respect to administering oaths, subpoenaing witnesses and compelling their attendance, preserving order during the sittings of the board, punishing for contempt, and requiring the production of papers and writings, and all other powers and privileges, in their nature applicable, conferred by law on justices of the peace.

ARTICLE 21.-Territorial laws in force in State.

SEC. 2. All laws now in force in the Territory of Idaho, which are not repugnant to this constitution, shall remain in force until they expire by their own limitation or be altered or repealed by the legislature.

REVISED STATUTES OF 1887, TERRITORIAL.

PART I.-POLITICAL CODE.

TITLE 10.-Exemption from taxation.

SECTION 1401 (as amended by act approved March 6, 1893, page 150, acts of 1893 and act approved March 6, 1895, page 47, acts of 1895). The following property is exempt from taxation:

Fourth. The property of resident widows and orphan children not to exceed the amount of one thousand dollars, to any one family, when their total assessment is less than five thousand dollars;

Fifth. Growing crops;

Eighth. Tools of a mechanic, farmer, miner, prospector or householder or the farming implements and machinery of farmers, not exceeding in value two hundred dollars;

TITLE 7.-Exemption from execution, etc.-Homesteads.

SEC. 3035. The homestead consists of the dwelling house in which the claimant resides, and the land on which the same is situated, *

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SEC. 3036. If the claimant be married, the homestead may be selected from the community property, or the separate property of the husband, or with the consent of the wife from her separate property. When the claimant is not married, but is the head of a family, the homestead may be selected from any of his or her property.

SEC. 3038. The homestead is exempt from execution or forced sale, except as in this title provided.

SEC. 3039. The homestead is subject to execution or forced sale in satisfaction of judgments obtained:

1 Before the declaration of homestead was filed for record, and which constitute liens upon the premises; or in an action in which an attachment was levied upon the premises before the filing of such declaration;

2 On debts secured by mechanic's, laborer's or vendor's liens upon the premises; 3 On debts secured by mortgages upon the premises, executed and acknowledged by the husband and wife or by an unmarried claimant;

4 On debts secured by mortgages upon the premises, executed and recorded before the declaration of homestead was filed for record.

SEC. 3054. If the sale is made, the proceeds thereof, to the amount of the homestead exemption, must be paid to the claimant, and the balance applied to the satisfaction of the execution.

SEC. 3055. The money paid to the claimant is entitled, for the period of six months thereafter, to the same protection against legal process and the voluntary disposition of the husband, which the law gives to the homestead.

SEC. 3058. Homesteads may be selected and claimed:

1 Of not exceeding five thousand dollars in value by any head of a family;

2 Of not exceeding one thousand dollars in value by any other person.

SEC. 3059. The phrase "head of a family," as used in this title, includes within its meaning:

First. The husband or wife when the claimant is a married person;

Second. Every person who has residing on the premises with him or her and under his or her care and maintenance either:

1 His or her minor child, or the minor child of his or her deceased wife or husband;

2 A minor brother or sister, or the minor child of a deceased brother or sister; 3 A father, mother, grandfather or grandmother;

4 The father, mother, grandfather or grandmother of a deceased husband or wife;

5 An unmarried sister, or any other of the relatives mentioned in this section who have attained the age of majority, and are unable to take care of or support themselves.

TITLE 12.-Mechanics' liens.

SEC. 3445 (as amended by act approved February 27, page 67, acts of 1893). Every person who, while lawfully in possession of an article of personal property, renders any service to the owner thereof, by labor, or skill, employed for the protection, improvement, safe keeping, or carriage thereof, has a special lien thereon, dependent on possession, for the compensation if any which is due him from the owner, for such service, and livery or boarding or feed stable proprietors and persons pasturing live stock of any kind have a lien dependent on possession for their compensation in caring for, boarding, feeding or pasturing such live stock. If the liens as herein provided are not paid within sixty days after the work is done, service rendered feed or pasturing supplied the person in whose favor such special lien is created may proceed to sell the property at public auction after giving ten days' public notice of the sale by advertising in some newspaper published in the county, where such property is situated, or if there be no newspaper published in the county then by posting notices of the sale in three of the most public places in the county, for ten days previous to such sale. The proceeds of the sale must be

applied to the discharge of the lien and costs; the remainder if any must be paid over to the owner.

SEC. 3446. A person who makes, alters, or repairs any article of personal property, at the request of the owner, has a lien on the same for his reasonable charges for work done and material furnished, and may retain possession of the same until the charges are paid. If not paid within two months after the work is done, the person may proceed to sell the property at public auction, by giving ten days' public notice of the sale by advertising in some newspaper published in the county in which the work was done; or, if there be no newspaper published in the county then by posting up notices of the sale in three of the most public places in the town where the work was done, for ten days previous to the sale. The proceeds of the sale must be applied to the discharge of the lien and the cost of keeping and selling the property; the remainder, if any, must be paid over to the owner thereof.

PART III.-CODE OF CIVIL PROCEDURE.

PART 2, TITLE 9.—Exemption from execution, etc.-Personal property.

SEC. 4480 (as amended by act approved March 9, 1895, page 85, acts of 1895). In addition to the homestead exempt d by the Civil Code, the following property belonging to an actual resident of the State, is exempt from execution, except as herein otherwise specially provided:

First. Chairs, tables, desks and books to the value of two hundred dollars, belonging to the judgment debtor.

Second. Necessary household, table, and kitchen furniture belonging to judgment debtor, including one sewing machine in actual use in a family or belonging to a woman, stoves, stovepipe and stove furniture, beds, bedding and bedsteads, not exceeding in value three hundred dollars; wearing apparel, hanging pictures, oil paintings and drawings, drawn or painted by any member of the family, and family portraits and their necessary frames, provisions actually provided for individual or family use sufficient for six months, two cows with their sucking calves and two hogs with their sucking pigs:

Third. The farming utensils or implements of husbandry of a farmer not exceeding in value the sum of three hundred dollars; also four (4) oxen, or four (4) horses, or four (4) mules to be selected by claimants and their harness, one cart or wagon, and food for such oxen, horses or mules for six months; also a water right not to exceed one hundred and sixty inches of water, used for the irrigation of lands actually cultivated by him; also the crop or crops growing or grown on fifty acres of land, leased, owned or possessed by the person cultivating the same.

Fourth. Tools or implements of a mechanic or artisan necessary to carry on his trade, not exceeding in value the sum of five hundred dollars; the notarial seal and records of a notary public; the instruments and chest of a surgeon, physician, surveyor and dentist, necessary to the exercise of their profession, with their scientific and professional libraries; the law professional libraries and office furniture of attorneys, counselors and judges and the libraries of ministers of the gospel. Fifth. The cabin or dwelling of a miner, not exceeding in value the sum of five hundred dollars; also his sluices, pipes hose, windlass, derrick, cars, pumps and tools not exceeding in value two hundred dollars; also one saddle animal and one pack animal together with their saddles and equipments belonging to a miner actually engaged in prospecting, not exceeding in value two hundred and fifty dollars.

Sixth. Two oxen, two horses, or two mules and their harness; and one cart, wagon, dray or truck by the use of which a cartman, drayman, truckman, huckster, peddler, hackman, teamster or other laborer habitually earns a living; and one horse with vehicle and harness or other equipments used by a physician surgeon or minister of the gospel in making his professional visits with food for such oxen, horses or mules for six months;

Seventh. The earnings of a judgment debtor for his personal services rendered at any time within thirty days next preceding the levy of the execution, or levy of attachment, when it appears by the debtor's affidavit or otherwise that such earnings are necessary for the use of his family residing in this State supported wholly or in part by his labor.

Eighth. The shares held by a member of a homestead association, or building or loan association duly incorporated, under the laws of the State of Idaho not exceeding in value one thousand dollars-if the person holding the shares is not the owner of a homestead under the laws of this State.

Ninth. All moneys, benefits, privileges or immunities, accruing or in any manner growing out of any life insurance on the life of the debtor, to an amount represented by an annual premium not exceeding two hundred and fifty dollars.