Page:United States Statutes at Large Volume 58 Part 1.djvu/839

 58 STAT.] 78TH CONG., 2D SESS.-CHS. 610, 611-DEC. 20, 1944 filed in the office of the clerk of the court either by the debtor, his spouse, or a garnishee, and thereupon the court, after due notice, shall promptly act upon the notice, motion, or other claim of exemption." SEC. 3 . Chapter Eleven of such Act approved March 3, 1901, is hereby amended by adding at the end thereof a new section as follows: "SEC. 434-A. (a) Every contract attempting or purporting to transfer or assign salary or wages to be earned by the debtor after the date of such contract, shall, if made in the District of Columbia, be invalid and contrary to public policy and unenforceable, and if made outside the District of Columbia, be unenforceable in any court within the District of Columbia. "(b) It shall be unlawful for any person in the District of Colum- bia to demand or receive from such debtor any assignment of salary or wages to be thereafter earned by such debtor, or to notify any employer that he holds an assignment of such salary or wages. Any person violating this subsection shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $200 or by imprisonment for not more than sixty days. Prose- cutions under this subsection shall be upon information filed in the Criminal Branch of the Municipal Court of the District of Columbia by the Corporation Counsel of the District of Columbia or one of his assistants." SEC. 4. Section 456 of such Act approved March 3, 1901, as amended, is hereby amended by inserting "(a)" after "456.", and by adding at the end of such section a new subsection as follows: "(b) It shall be unlawful for any employer to pay salary or wages to an employee in advance of the time the same shall be due and pay- able, for the purpose of avoiding or preventing an attachment or garnishment against the earnings or salary of such employee, and such advance payment, as to the attaching creditor, shall be void: Provided,That after the service of one writ of attachment or garnish- ment on a judgment against an employer, any payment of salary or earnings thereafter before the time when said salary or earnings are due and payable, made within a period of six months after the date of service of said writ or before the earlier satisfaction of such judg- ment, whichever is the earlier, shall as to such attaching creditor be presumed to be in violation of this subsection and shall cast upon the said employer the burden of proving that such advance payment or payments were not for the purpose of avoiding the attachment of such salary or earnings." Approved December 20, 1944. [CHAPTER 611] AN AfCT 31 Stat. 1256. D. C. Code i§ 28- 2501 to 28-2504. Attempted assign- ment, etc. of future wages. Unlawful acts. Penalty. 31 Stat. 1262. D.C. Code 16-312. Advance payments to prevent attach- ments, etc. December 20,1944 To grant additional powers to the Commissioners of the District of Columbia, IL. 2644] and for other purposes. [Public Law 506] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commis- sioners of the District of Columbia are authorized and empowered within their discretion- (a) In accordance with such regulations as they may make, to provide for the waiver of payment by any person in the military service of the United States of any annual or other periodic fee required by law to be paid to the District of Columbia or to any District of Columbia board or commission as a condition to retaining or renewing any license or permit to engage in any business or calling or to practice any profession in the District of Columbia. D. C. Commis- sioners, additional powers. Persons in military service. Waiver of payment of certain fees.

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