FREE BOOKS

Author's List




PREV.   NEXT  
|<   4   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   >>  
Contracts of employment, enticement of laborers to quit their employers, violation of a contract with a surety by one convicted of a misdemeanor, the laws of vagrancy, and the laws relating to immigrant agents. The laws relating to contracts of employment are to be found on the statute books of six States--Alabama, Florida, Georgia, Mississippi, North Carolina, and South Carolina. These laws are very similar in their phraseology and in the penalties attached to their violation in all of these States. The Alabama law, which has recently been declared unconstitutional by the Supreme Court of the United States, may serve as an example. It provides, in short, that any person who enters into a contract in writing to perform any service for another and thereby obtains money or other personal property from such person with intent to defraud the person, and who leaves his service without performing the act or refunding the money or goods, shall be guilty of a misdemeanor; or, that any person who in writing makes a contract for the rent of land and obtains money or personal property from the landlord with intent to deceive him and leaves without performing the service, refunding the money, or paying for the property, shall be guilty of a misdemeanor. The penalty for each of these offenses is a fine not exceeding $300, and in default of payment, imprisonment for a period of not exceeding one year. This Alabama statute was later amended, because it was found that there was difficulty in proving the intent. The statute as amended was to the effect that the failure of any person who enters into such contracts to perform the service, or to cultivate the land, or refund the money, or pay for the goods, shall be prima facie evidence of the intent to injure his employer or landlord, or to defraud him. These contracts are usually entered into under conditions which render it impossible for the employee to overcome what the statute says shall be prima facie evidence. The Supreme Court of Alabama has decided that an accused person shall not be allowed to testify as to his uncommunicated motives, purposes, or intentions, to rebut a statutory presumption. Taking counsel of this decision employers who make contracts with laborers are cautious that there shall be present at the time of making the contract only the employer and the employee. When the contract is made, the employer advances the laborer a sum of money, or goods, or supplies, which
PREV.   NEXT  
|<   4   5   6   7   8   9   10   11   12   13   14   15   16   17   18   19   >>  



Top keywords:
person
 
contract
 
service
 
Alabama
 

intent

 

statute

 

contracts

 

misdemeanor

 

States

 

employer


property

 

personal

 

obtains

 

writing

 

perform

 

enters

 

guilty

 
amended
 
exceeding
 

employee


evidence

 

leaves

 
defraud
 

performing

 

refunding

 

landlord

 
employment
 

relating

 

violation

 
Carolina

laborers

 
Supreme
 

employers

 

impossible

 
proving
 

render

 

conditions

 

difficulty

 

overcome

 

effect


Contracts

 
entered
 
cultivate
 

enticement

 

injure

 

refund

 

failure

 

uncommunicated

 

making

 
present