CHAPTER 78.

INSANE PERSONS-DANGEROUS.

Section numbers to notes refer to Revised Statutes of 1901.

Sections 'omitted have not been construed since 1901.

SEC.

6987. Complaint, arrest, witnesses.

SEC.

6990. Finding and proceedings before
justice.

6987. Complaint, arrest, witnesses.

Sections 6987-6995, Burns' R. S. 1901, concerning the trial of the question of insanity, do not conflict with section 2725 of such revision on the same subject. Board v. Moore, 161 Ind. 426.

6990. Finding and proceedings before justice.

The statute authorizing justices of the peace to appoint persons to take charge of dangerous insane persons is not unconstitutional because of conferring administrative power upon judicial officers. Board v. Moore, 161 Ind. 426.

So much of section 6990, Burns' R. S. 1901, authorizing the payment by counties to persons appointed by justices to care for dangerous insane persons for their services, was repealed by the county reform law prohibiting the support of poor persons except when they are inmates of county institutions. Board v. Hunter, 161 Ind. 478.

CHAPTER 80.

INTEREST.

Section numbers to notes refer to Revised Statutes of 1901.

If a person wrongfully and unlawfully obtains money belonging to another, he is chargeable with interest from the time of receiving the money. Tucker v. State, 163 Ind. 403.

If a father receives money to be held in trust for his children and he converts the money to his own use, his estate is liable on his death to such children for such money together with interest thereon at six per cent. per annum. Estate of Stanley v. Pence, 160 Ind. 636.

If premiums are paid on a void insurance policy, interest should be allowed only from the date of the demand for repayment by the insured. American Ins. Co. v. Bertram, 163 Ind. 51.

7046. Usury, recoupment.

All agreements to pay more than the legal rate of interest for the loan of money are usurious, no matter what the form of the contract may be. Brown v. Follette, 155 Ind. 316.

CHAPTER 81.

LABORERS.

Section numbers to notes refer to Revised Statutes of 1901.

The act of 1879, making laborers' wages preference claims was not repealed by the act of March 3, 1885, and the amendment of section 7051, Burns' R. S. 1901, by the act of March 17, 1885, is valid. Small v. Hammes, 156 Ind. 556.

When the business of a person or corporation is suspended by the action of creditors, wages due employes to the amount of $50, earned within six months next before such suspension, have priority over mortgages on the property of the employer, Small v. Hammes, 156 Ind. 556.

ARTICLE 2.-DAY'S LABOR.

SEC.

7055a. Minimum wages.

7055a. Minimum wages.

The act of 1901, sections 7055a, 7055b, Burns' R. S. 1901, fixing a minimum rate of wages that shall be paid unskilled laborers employed on public work of the state, counties, cities, and towns, violates both the federal and state constitutions, and is invalid. Street v. Varney Supply Co. 160 Ind. 338.

7056. Payment of employes.

When it is claimed that an employer failed to pay the wages due employes monthly, it must be alleged and proven that there was no written contract between the parties waiving the right to demand such payment. Chicago Ry. Co. v. Glover, 159 Ind. 166; Toledo R. R. Co. v. Long, 160 Ind. 564.

7057. Demand for payment, penalty.

In an action to recover the penalty and attorney fees provided by statute for a failure of an employer to pay wages monthly on demand, it must be alleged and proven that there was no written contract between the parties regulating such payment. Chicago Ry. Co. v. Glover, 159 Ind. 166; Toledo R. R. Co. v. Long, 160 Ind. 564.

The assignee of a claim for wages can not recover the penalty provided by statute for the refusal of an employer to pay wages due monthly on demand. Chicago Ry. Co. v. Glover, 159 Ind. 166.

In an action by an employe to recover wages and the penalty provided by statute because of a refusal to pay the wages due on demand, the employer may plead as a set off any sum that he has been legally compelled to pay in garnishee proceedings in another state against such employe. Baltimore R. R. Co. v. Hollenbeck, 161 Ind.

452.

7059. Weekly payment of wages.

The act of 1899, sections 7059-7059e, Burns' R. S. 1901, requiring the wages of employes to be paid weekly, is an unreasonable restriction upon the freedom of contract and is unconstitutional and void. Republic Iron Co. v. State, 160 Ind. 379. See International Co. v. Weissinger, 160 Ind. 349.

7059c. Assigning wages.

Section 4 of the act of 1899, section 7059c, Burns' R. S. 1901, prohibiting the assignment of wages to be earned in the future, is not unconstitutional because it unreasonably restricts the right to contract. International Co. v. Weissinger, 160

Ind. 349.

[Acts 1903, p. 307. In force April 23, 1903.]

7064a. Wages, assignment, check, payment.-1. That whenever any person, firm, company or corporation or association shall take from any employe, laborer or other person rendering services for hire in the state, an assignment of such employe's, laborer's or other person's wages, earned or unearned, due or to become due, or shall take from such employe, laborer or other person rendering service for hire, any order on his employer for any such wages and shall issue to give to any such employe, laborer or other person rendering service for hire, in consideration of or in payment for any such assignment or transfer or order, any check or any ticket, token or device payable or redeemable or purporting to be payable or redeemable or agreed to be payable or redeemable in goods, ware, merchandise or any other commodity or anything other than lawful money of the United States, such checks, tickets, tokens or device shall at once become due and payable in lawful money of the United States, for and to the extent of the full amount of the wages assigned or relinquished for it, and the employe, laborer or other person to whom such

check, ticket, token or device for such assignment or relinquishment of wages, shall, after demand, have the right to collect same with reasonable attorney's fees, by suit in any court of competent jurisdiction. Nothing in this act shall be construed to prevent any firm, person, company, corporation or association from paying such employe, laborer or other person rendering service for hire by bank check on any solvent bank; Provided, Such bank check is payable upon demand at its face value.

SEC.

7077. Blacklisting.

ARTICLE 4.-BLACKLISTING EMPLOYES.

7077. Blacklisting.

The provisions of section 7077, Burns' R. S. 1901, concerning the blacklisting of employes who have voluntarily left the service of the employer, are not covered by the title of the act and no action lies under such statute for blacklisting such employes. Wabash R. R. Co. v. Young, 162 Ind. 102.

7083. Liability for personal injuries.

Construction generally of the statute known as the employers liability act, and liability of employers for injuries to employes. Baltimore Ry. Co. v. Peterson, 156 Ind. 364; Indianapolis Ry. Co. v. Houlihan, 157 Ind. 494; Baltimore Ry. Co. v. Reed, 158 Ind. 25; Thacker v. Chicago Ry. Co. 159 Ind. 82; Southern Ry. Co. v. Martin, 160 Ind. 280; Consumers Co. v. Eyer, 160 Ind. 424; Lake Erie R. R. Co. v. Charman, 161 Ind. 95; American Co. v. Hullinger, 161 Ind. 673; Southern Ry. Co. v. Harrell, 161 Ind. 689; Cleveland Ry. Co. v. Bergschicker, 162 Ind. 108; Hunt v. Conner, 26 App. 41; Chicago R. R. Co. v. Richards, 28 App. 46.

The first clause of section 1 of the employers liability act is substantially a legislative declaration of the common law as it existed in this state at the time of the passage of such act. Cleveland Ry. Co. v. Scott, 29 App. 519.

Construction of clause 2 of section 1 of the act known as the employers liability

act.

Consumers Co. v. Eyer, 160 Ind. 424; Southern Ry. Co. v. Harrell, 161 Ind. 689; Indianapolis Co. v. Foreman, 162 Ind. 85; Republic Iron Co. v. Berkes, 162 Ind. 517; Muncie Pulp Co. v. Davis, 162 Ind. 558; Grand Rapids Ry. Co. v. Pettit, 27 App. 120; Terre Haute R. R. Co. v. Rittenhouse, 28 App. 633; Cleveland Ry. Co. v. Scott, 29 App. 519; Indiana Co. v. Buskirk, 32 App. 414; Baltimore R. R. Co. v. Hunsucker, 33 App. 27; Ft. Wayne Gas Co. v. Nieman, 33 App. 178.

Construction of clause 3 of section 1 of the act known as the employers liability act. Thacker v. Chicago Ry. Co. 159 Ind. 82.

Construction of clause 4 of section 1 of the act known as the employers liability act. Baltimore Ry. Co. v. Peterson, 156 Ind. 364; Indianapolis Ry. Co. v. Houlihan, 157 Ind. 494; Baltimore Ry. Co. v. Reed, 158 Ind. 25; Thacker v. Chicago Ry. Co.