son shall hold the office of inspector of mines of Montana who may be an employé of any mining company or corporation during his term of office, or who may be during such term of service an officer of any mining company or corporation, or a director thereof. * * * SECTION 3. The inspector of mines shall have a seal bearing the words "Inspector of Mines of Montana,” which shall be kept by him exclusively for the use of his office, and said seal shall be affixed to official documents only. SECTION 4. The inspector of mines shall devote his entire time to the duties of his office, and shall receive a salary of two thousand five hundred dollars per annum. The governor of Montana with the advice and consent of the legislative council shall appoint a deputy inspector of mines. Such deputy inspector shall serve for two years, but shall always be subject to removal by the governor. The deputy inspector shall act at any time when an emergency arises, such as in case of accidents in mines, or of the absence or disability of inspector, * * * SECTION 6. It shall be the duty of inspector of mines to visit, enter and examine in person or by duly appointed deputy any mine or piece of mining ground for the purpose of ascertaining the condition of the same in regard to its safety, ventilation and means of egress, and for this purpose shall have access at any and all times to any mine stopes, levels, winzes, tunnels, drifts, crosscuts, shafts, works and machinery for the purpose of such inspection: Provided, however, The working of such mines shall not be impeded or obstructed during such examination: Provided further, That this inspection shall not be at the expense of the owner, lessor, lessee, or agent of the mine being examined, but said owners, lessor, lessee or agent shall render such assistance as may be necessary to enable the inspector to make the required examination. SECTION 7. Whenever the inspector of mines shall receive a formal complaint in writing, signed by three or more persons, setting forth that the mine in which they are employed is dangerous in any respect, he shall, in person or by deputy, visit and examine such mine: Provided, Every such formal complaint shail in all cases specifically set forth the nature of the danger existing at the mine. and shall describe with as much certainty as is possible, how such danger, apparently or really, renders such mine dangerous, and shall set forth the time the cause of such danger was first observed, and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants or any one else to their knowledge, to the superintendent of such mine, and if no such complaint has been made to such superintendent, the reason why it has not been made: And provided further, That all complaints shall be duly verified by the three or more complainants, who shall sign the same before some officer authorized by law to administer oaths. After such complaint shall have been received by the inspector of mines, it shall be the duty of such inspector to serve a certified copy thereof, but without the names of the complainants, upon the superintendent, or manager, or owner of such mine, at any time before he visits the same, and as soon as possible to visit such mine; and if from such examination he shall ascertain that the said mine is from any cause in a dangerous condition, he shall at once notify the owner, lessor, lessee, or agent thereof, such notice to be in writing, and to be served by copy on such owner, lessor, lessee, or agent, in the same manner as provided by law for the serving of legal notices or process, and said notice shall state fully and in detail, in what particular manner such mine is dangerous or insecure, and shall require all necessary changes to be made without delay, for the purpose of making said mine safe for the laborers employed therein; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injury sustained by any employé subsequent to such notice, and in consequence of a neglect to obey the inspector's requirement, a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so complained of. Nothing in this act shall be so construed as to give the control of any mine to the mine inspector or deputy, or to allow them to interfere with the working of any mine. SECTION 8. It shall be the duty of the inspector of mines at least once in each year, either in person or by a duly authorized deputy, to visit each mining county in Montana, and examine as many of the mines in the different counties as practicable, and shall make such recommendations as in his judgment are necessary to insure the safety of the workmen employed therein; and whenever, from his examination, he shall find any mine to be in an unsafe condition he shall at once serve a notice upon the owner, lessor, lessee, or agent thereof, as provided for in section seven of this act. SECTION 9. Whenever a serious or fatal accident shall occur in any mine in Montana it shall be the duty of the owner, lessor, lessee, agent or superinten dent thereof to immediately and by the quickest means notify the inspector of mines or his deputy as may be most convenient, and upon receiving such notice the inspector in person or deputy shall at once repair to the place of accident, and investigate fully the cause of such accident and whenever possible to do so the inspector or his deputy shall be present at the coroner's inquest held over the remains of the person or persons killed by such accident, and shall testify as to the cause thereof, and shall state whether in his opinion the accident was due to the negligence or mismanagement of the lessor, lessee, owner or agent of such mine, or the manager or superintendent or other persons in charge. If the inspector or deputy inspector can not be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the superintendent, owners, or person in charge of the mine to have written statements made by those witnessing same and duly sworn to. In case of no person being present at the time of the accident, then the statement of those first present shall be taken, which statements shall be sworn to before some person qualified to administer oaths, and such sworn statements shall be placed in the hands of the inspector or deputy inspector upon the demand of either of those officers. SECTION 10. Any owner, lessor, lessee or agent of any mine who shall fail to comply with the provisions of section nine of this act, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000). SECTION 11. All corporations or individuals working mines in Montana who shall employ or permit to be employed in such mines any children under fourteen years of age shall be deemed guilty of a misdemeanor and on conviction thereof, shall be punished by a fine not exceeding one thousand dollars. SECTION 13. The inspector of mines shall make a report to the governor of Montana, on the first day of December of each year, and said report shall enumerate all accidents that have occurred in the mines of Montana which have occasioned serious injury or resulted fatally to persons employed therein together with the nature and cause of such accident. Said report shall contain statistical and other information which may tend to promote the development of the mineral resources of Montana and shall generally set forth the result of the inspector's labors for the year; such reports shall be printed as are the reports of other territorial officers. SECTION 15. The provisions of this act shall not apply to mines in which less than five (5) men are employed or to mines in which no other person but the owner or owners or lessees thereof are permitted to work. NEBRASKA, COMPILED STATUTES OF 1887. PART I. CHAPTER 6.-Wages preferred-In assignments. SECTION 44. Nothing in this act contained shall be construed so as to prevent any debtors from paying or securing to be paid any debt not exceeding the sum of one hundred dollars, for clerks' or servants' wages, * * * CHAPTER 12 a.—Inspection, etc., of steam boilers. SECTION 109, (as amended by chapter 13, acts of 1889). In all cities of the metropolitan class there shall be a boiler inspector who shall be appointed by the mayor with the approval of the city council. The boiler inspector shall be a practical, mechanical engineer, and perform such duties and have such powers concerning the inspection of steam boilers within the city as may be prescribed by ordinance, and he shall be authorized to charge such fees for the inspection of steam boilers and other steam generators as may be prescribed by ordinance, which he shall pay to the city treasurer at the end of each month and he shall receive a salary at the rate of eighteen hundred ($1,800) dollars per annum, payable monthly, which shall be in full for all his services, and he shall not receive any other fee or perquisite. CHAPTER 36.-Exemption from execution, etc.-Homesteads. SECTION 1. A homestead not exceeding in value $2,000, consisting of the dwelling house in which the claimant resides, and its appurtenances, and the land on which the same is situated, not exceeding 160 acres of land, to be selected by the owner thereof, and not in any incorporated city or village or instead thereof at the option of the claimant, a quantity of contiguous land not exceeding two lots within any incorporated city or village, shall be exempt from judgment liens and from execution or forced sale, except as in this chapter provided. SECTION 3. The homestead is subject to execution or forced sale in satisfaction of judgments obtained: First, on debts secured by mechanics', laborers', or vendois liens upon the premises. * * * SECTION 16. If the homestead be conveyed by the claimant, or sold for the satisfaction of any lien mentioned in section three, the proceeds of the sale, beyond the amount necessary for the satisfaction of such lien, and not exceeding the amount of the homestead exemption. shall be entitled for the period of six months thereafter to the same protection against legal process and the voluntary disposition of the claimant which the law gives to the homestead. And the sale and disposition of one homestead shall not be held to prevent the selection or purchase of another as provided in this chapter. CHAPTER 39b.-Bureau of labor census and industrial statistics. SECTION 1. There is hereby created a bureau of labor census and industrial statistics, with headquarters in the capitol building, for which stationery, postage, expressage, printing, and facilities for transacting business, shall be furnished the same as for other executive departments. SECTION 2. The governor of this state is hereby made commissioner of said bureau. SECTION 3. Said commissioner shall have the power to appoint a deputy at a salary of fifteen hundred dollars per annum, who, when acting for or instead of said commissioner, shall have and may exercise equal power and authority subject to the approval of the commissioner. SECTION 4. The duties of said commissioner shall be to collect, collate and publish statistics and facts relative to manufactures, industrial classes, and material resources of the state, and especially to examine into the relations between labor and capital, the means of escape from fire and protection of life and health in factories and workshops, mines and other places of industries, the employment of illegal child labor, the exaction of unlawful hours of labor from any employé, the educational, sanitary, moral and financial condition of laborers and artisans, the cost of food, fuel, clothing and building material, the causes of strikes and lockouts, as well as kindred subjects and matters pertaining to the welfare of industrial interests and classes. SECTION 5. The commissioner or his deputy shall have power to enter any factory or workshop in which labor is employed, for the purpose of gathering facts and statistics, or of examining the means of escape from fire, and the provisions made for the health and safety of operatives in such factory or workshop; and in case the officer of the bureau shall discover any violations of, or the neglect to comply with the laws in respect to child labor, hours of labor for women and children, fire escapes and similar enactments now or hereafter to be made, he shall notify the owner or occupant of such factory or workshop in writing of the offense or neglect, and if such offense or neglect, is not corrected or remedied within thirty days after the service of notice aforesaid, he shall lodge formal complaint with the attorney of the county in which the offense is committed or the neglect occurs, whereupon that officer shall proceed against the offender according to law. SECTION 6. The commissioner or his deputy may examine hotels and lodging or boarding houses, for the purpose of discovering whether they are properly equipped with lawful fire escapes; and he may post in any hotel, lodging or bearding house so examined the laws upon this matter, together with his official statement as to whether said laws are fully complied with by said hotel, lodging or boarding house. And any hotel, lodging or boarding house keeper, or other who shall mutilate, destroy or remove from any building or buildings, the said laws or statements so posted, shall, upon conviction, be fined any sum not to exceed fifty ($50.00) dollars for each and every offense. Whenever any hotel, lodging or boarding house that has been posted as not having complied with the terms of the law in respect to fire escapes, shall be properly provided and equipped with lawful fire escapes, and the bureau shall be notified thereof, the commissioner shall at once order a new statement setting forth that fact, to be posted in said hotel, lodging or boarding house, and the bureau shall keep a record of all buildings so examined and posted. SECTION 7. The commissioner or his deputy may post in any factory or workshop examined by him, the laws now or hereafter to be made in respect to child labor, hours of labor, fire escapes, or others pertaining to the health and safety of artisans or employés, and if the owner, manager and proprietor of any factory or workshop, or his agent or any person whomsoever, shall remove, destroy or mutilate the law so posted, he shall, upon conviction, be fined in any sum not to exceed fifty dollars for each offense. SECTION 8. The said commissioner shall have power to prescribe blank forms and transmit them to employers, which shall be filled out clearly and completely under oath, by the person or persons to whom they are sent, with the facts, statistics and statements asked for, and returned to him within such reasonable time as he may fix. In case any owner or occupant, or his agent, shall refuse to admit any officer of the said bureau to his workshop or factory, when open or in operation, he shall forfeit the sum of ten dollars for each and every offense, and if he shall, through his agent, or otherwise, neglect, fail or refuse to fill out the said blank forms, and verify and return them as required, he shall forfeit the sum of ten dollars for each and every day said blank may be so delayed beyond the time fixed by the commissioner for their return. The forfeits named and provided in this act shall be sued for in the name of the state, by the county attorney of the respective county where such offense is committed, upon the complaint of any officer of said bureau, or any citizen, and shall be paid into the school fund. SECTION 10. The commissioner shall report biennially to the governor, accompanying his report with such suggestions and recommendations as may be deemed wise and proper. The said report shall be printed and distributed according to the provisions of the law governing the printing of other state reports. CHAPTER 53.-Earnings of married women. * SECTION 4. Any married woman may * * perform any labor or services on her sole and separate account; and the earnings of any married woman, from her * * * labor or services, shall be her sole and separate property, and may be used and invested by her, in her own name. CHAPTER 75.—Industrial training in reform school. SECTION 3. * * * They [inmates of the reform school] shall also be instructed in the principles of the mechanical arts and such practical trades as are best suited to their age, strength and capacity, and best adapted to secure them a livelihood after leaving the school. CHAPTER 83, ARTICLE VII.-Convict labor. SECTION 17. It shall be the duty of [the board of public lands and buildings] * * to cause to be published in at least three papers of general circulation, one of which shall be published in Lincoln, one in Omaha, and one in Chicago, advertisements for sealed proposals for the leasing of penitentiary and penitent.ary ground, and convict labor. Said proposals shall provide further, for payment of all penitentiary expenses, including salaries of officers, and other help, the heating of buildings, boarding and clothing convicts. The cost at all times shall be estimated per capita. Said board shall have power to make contract with lowest bidder, for a term of not more than ten years: Provided, No bid shall be received where the net cost per capita shall exceed sixty cents per day, and the estimate shall be on convicts only. Any contract entered into shall provide that the general management and discipline of the convicts shall be under the control of the said board and the warden, and no contract shall be made which shall deprive the convicts of any privileges granted by law. CHAPTER 86.-Convict labor. SECTION 48. The contract leasing * * * the penitentiary, penitentiary grounds, and convict labor of the state of Nebraska, * * * be, and the same * * * * * is hereby extended, for the period of ten years from the first day of October, 1889, subject to all the conditions and provisions contained in the said original contract; Provided, That under this extension of said contract, the convicts shall not, nor shall any of them be employed in the manufacture of cigars, brick, or the cutting of stone, except such brick and stone as may be required in making repairs or improvements at the penitentiary, and in the erection of buildings and walls for the confinement of convicts, and for the use of officers and guards, nor shall any of said convicts be employed upon any public buildings, except buildings for penitentiary purposes; CHAPTER 90.-Hours of labor. SECTION 1. Ten hours shall constitute one .day's labor, so far as it concerns laborers and mechanics, throughout the state. PART II.-CODE OF CIVIL PROCEDURE. TITLE 14.-Exemption from execution, etc.-Personal property. SECTION 521. All heads of families, who have neither lands, town lots or houses subject to exemption as a homestead, under the laws of this state, shall have exempt from forced sale on execution the sum of five hundred dollars in personal property. SECTION 530. No property hereinafter mentioned shall be liable to attachment, execution, or sale, on any final process issued from any court in this state, against any person being a resident of this state and the head of a family. First. The family bible. Second. Family pictures, school books, and library for the use of the family. Fifth. All necessary wearing apparel of the debtor and his family. All beds, bedsteads, and bedding necessary for the use of such family. All stoves and appendages put up or kept for the use of the debtor and his family, not to exceed four. All cooking utensils, and all other household furniture not herein enumerated, to be selected by the debtor, not exceeding in value one hundred dollars. Sixth. One cow, three hogs, and all pigs under six months old, and if the debtor be at the time actually engaged in the business of agriculture, in addition to the above, one yoke of oxen, or a pair of horses in lieu thereof; ten sheep, and the wool therefrom, either in the raw material or manufactured into yarn or cloth; the necessary food for the stock mentioned in this section, for the period of three months; one wagon, cart or dray, two plows and one drag; the necessary gearing for the team herein exempted; and other farming implements not exceeding fifty dollars in value. Seventh. The provisions for the debtor and his family necessary for six months' support, either provided or growing, or both, and fuel necessary for six months. Eighth. The tools and instruments of any mechanic, miner or other person, used and kept for the purpose of carrying on his trade or business. The library and implements of any professional man. All of which articles hereinbefore intended to be exempt, shall be chosen by the debtor, his agent, clerk or legal representative, as the case may be. SECTION 531. Nothing in this chapter shall be so construed as to exempt any property in this state from execution or attachment for clerks', laborers', or mechanics' wages or for money due and owing by any attorney-at-law, for money or other valuable consideration received by said attorney for any person or persons; * * * SECTION 531a. The wages of laborers, mechanics, and clerks who are heads of families, in the hands of those by whom such laborers, mechanics, or clerks may be employed, both before and after such wages shall be due, shall be exempt from the operation of attachment, execution, and garnishee process: Provided, That not more than sixty days' wages shall be exempt: Provided further, That nothing in this act shall be so construed as to protect the wages of persons who have or are about to abscond or leave the state from the provisions of law now in force upon that subject: Provided further, That nothing in this act shall be so construed as to permit the attachment of sixty days' wages in the hands of the employer. |