New York (State). Bureau of Labor Statistics.

Annual report of the Bureau of Labor Statistics of the State of ..., Volume 19 online

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S 2. This act shall take effect on the first day of June eighteen hundred
and ninety-five.



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POnnCAl AND LEGAL EIGHTS AND PEIVILEGES OE
WOEKINGMEN.

Allowing Time for Employees to Vote Without Loss of Pay.

Laws of 1806, Ghapteb 900, Being the Election Law and Constitxttino
Chapteb VI OP THE General Laws.

S 100. Tim© allowed employees to vote. — Any person entitled to vote
at a general election held within this state, shall, on the day of such
election, be entitled to absent himself from any service or employment in
which he is then engaged or employed, for a period of two hours, while
the polls of such election are open. If such elector shall notify his em-
ployer, before the day of such election, of such intended absence, and If
thereupon two successive hours for such absence shall be designated by
the employer, and such absence shajl be during such designated hours,
or if the employer, upon the day of such notice, makes no designation,
and such absence shall be during any two consecutive hours while such
polls are open, no deduction shall be made from the usual salary or wages
of such elector, and no other penalty shall be Imposed upon him by his
employer, by reason of such absence. This section shall be deemed to
Include all employees of municipalities.

To Prevent Employers from Coercing Employees in Their Exercise

of the Suffrage.

Penal Code: Laws of 1881. Chapteb 676.

I 41s. Any person or corporation, who, directly or indirectly • • . •
3. Being an employer, pays his employee the salary or wages due in
"pay envelopes" upon which there Is written or printed any political
motto, device or argument containing threats, express or implied, intended
or calculated to influence the political opinions or actions of such em-
ployees, or within ninety days of a general election puts or otherwise
exhibits in the establishment or place where his employees are engaged
in labor, any handbill or placard containing any threat, notice or informa-
tion that if any particular ticket or candidate is elected or defeated, work
in his place or establishment will cease, In whole or In part, his estab-
lishment be closed up, or the wages of his employees reduced, or other
threats, express or implied, intended or calculated to influence the poli-
tical opinions or actions of his employees, Is guilty of a misdemeanor, and,
if a corporation, shall in addition forfeit its charter. [L, 1892, ch. 693, as
amended by L. 1894, ch. 71^ and L, 1901, ch. 371,'\

Exempting Workingmen's Tools, Etc., from Attachment for Debt.

Code of Civil Proceduke, Chapteb 13, Title 2, Abticlb 1.

§ 1390. What personal property is eipempt, when owned by a house-
holder. — The following personal property, when owned by a householder



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11.48 New York State Department op Labor.

is exempt from levy and sale by virtue of an execution, and each movable
article thereof continues to be so exempt, while the family, or any of
them, are removing from one residence to another:

1. All spinning wheels, weaving looms, and stoves, put up or kept for
use in a dwelling house; and one sewing machine with its appurtenances.

2. The family bible, family pictures and school books, used by or In the
family; and other books, not exceeding in value fifty dollars, kept and
used as part of the famHy library.

3. A seat or pew, occupied by the Judgment debtor or the family. In a
place of public worship.

4. Ten sheep, with their fleeces, and the yarn or cloth manufactured
therefrom; one cow; two swine; the necessary food for those anipials; all
necessary meat, fish, flour, groceries, and vegetables, actually provided
for family use, and necessary fuel, oil and candles, for the use of the
family for sixty days.

5. All wearing apparel, beds, bedsteads and bedding, necessary for the
judgment debtor and the family; all necessary cooking utensils; one table;
six chairs; six knives; six forks; six spoons; six plates; six tea cups; six
saucers; one sugar dish; one milk pot; one tea pot; one crane and its
appendages; one pair of andirons; one coal scuttle; one shovel; one pedr
of tongs; one lamp and one candlestick.

6. The tools and implements of a mechanic, necessary to the carrying
on of his trade, not exceeding in value twenty-five dollars. [As amended
by L. 1891, ch. ii2.]

§ 1391. Additional personal property exempt in certain cases. — ^In
addition to the exemptions, allowed by the last section, necessary house-
hold furniture, working tools and team, professional instruments, furni-
ture and library, not exceeding in value two hundred and fifty dollars,
together with the necessary food for the team, for ninety days, are exempt
from levy and sale by virtue of an execution, when owned by a person,
being a householder, or having a family for which he provides, except
where the execution is issued upon a judgment recovered wholly upon
one or more demands, either for work performed in the family as a
domestic, or for the purchase money, of one or more articles, exempt as
prescribed in this or the last section. [As amended by L. 1879, ch. 542, and
L. 1901, ch. iitf.]

Exempting Wages of Workingmen from Attacliment for Debt.

Code op Civil Pkooedube, Chapteb 15, Title 4, Article 1 (Judgment

Creditors' Action).
§ 1879. Application of article; what property cannot be reached.-^
This article does not apply to a case where the judgment debtor Is a cor-
poration, created by or under the laws of the state. Nor does it author-
ize the discovery or seizure of, or other Interference with, any property,
which is expressly exempted by law from levy and sale, by virtue of an
execution; or any money, thing in action, or other property, held in trust
for a judgment debtor, where the trust has been created by, or the fund
so held in trust has proceeded from, a person other than the judgment
debtor; or the earnings of the judgment debtor for his personal services,



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Labor Laws — Political and Legal Rights. IL49

rendered within sixty days next before tlie commencement of the action,
where it is made to appear, by his oath, or otherwise that those earnings
are necessary for the use of a family, wholly or partly supported by his
labor.*

Making Employees Preferred Creditors, f

Laws of 1877, Chapter 466, Being the General Assignment Act.

§ 29. Preference of wages and salaries. — In all distribution of assets
imder all assignments made in pursuance of this act, the wages or sal-
aries actually owing to the employees of the assignor or assignors at the
time of the execution of the assignment for services rendered within one
year prior to the execution of such assignment, shall be preferred before
any other debt; and should the assets of the assignor or assignors not be
sufficient to pay in full all the claims preferred, pursuant to this section
they shall be applied to the payment of the same pro rata to the amount
of each such claim. [As amended hy L. 1884. ch. 328; L. 1886, ch. 283;
L. 1897, ch. 266 and ch, 524.]

Liability of Stockholders for Wage Debts.

Laws of 1892. Chapter 688, Being the Stock Corporation Law and
Constituting Chapter XXXVI of the General Laws.

§ 54. Liabilities of stockholders. — Erery holder of capital stock not
fully paid, in any stock corporation, shall be personally liable to its cred-
itors, to an amount equal to the amount unpaid on the stock held by him
for debts of the corporation contracted while such stock was held by him.
As to existing corporations the liability imposed by this section shall be
in lieu of the liability imposed upon a1:ockholders of any existing corpora-
tion, under any general or special law, (excepting laws relating to moneyed
corporations, and corporations and associations for banking purposes,)
on account of any indebtedness hereafter contracted or any stock here-
after issued; but nothing In this section contained shall create or increase
any liability of stockholders of any existing corjioration under any gen-
eral or special law. The stockholders of every stock corporation shall,
jointly and severally, be porsonaly liable for all debts due and owing to
any of its laborers, servants or employees other than contractors, for
services performed by them for such con^oration. Before such laborer,
servant or employee shall charge such stockholder for such services, he
shall give him notice in writing, within thirty days after the termination
of such services that he intends to hold him liable, and shall commence
an action therefor within thirty days after the return of an execution
unsatisfied against the corporation upon a judgment recovered against it
for services. No person holding stock in any corporation as collateral
security, or as executor, administrator, guardian or trustee, unless he
shall have voluntarily invested the trust funds in such stock, shall be

•For similar exemption from the supplementary proceedings provided for In chapter 17,
title 12, article 1. see S ^63.

tCompare section 8 of the Labor Law, *' Payment of wages by receivers." See also
the Lien Law, below.



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11.50 New York State Department of Labor.

personally subject to liability as a stocliholder; but the person pledging
such stock shall be considered the holder thereof, and shall be liable as
stockholder; and the estates and funds in the hands of such executor,
administrator, guardian or trustee shall be liable In the like manner and
to the same extent as the testator or intestate, or the ward, or persoo
interested in such trust fund would have been, if he had been living and
competent to act and held the same stock in his own name, unless It
appears that such executor, administrator, guardian or trustee voluntarily
invested the trust funds in such stocks, in which case he shall be per-
sonally liable as a stockholder. [As amended by L. 1901, ch, 354]

§ 55. Limitation of stockholders' liability. — No action shall be brought
against a stockholder for any debt of the corporation until judgment
therefor has been recovered against the corporation, and an execution
thereon has been returned unsatisfied In whole or in part, and the amount
due on such execution shall be the amount recoverable with costs against
the stockholder. No stockholder shall be personally 'liable for any debt
of the corporation not payable within two years from the time it is con-
tracted, nor unless an action for its collection shall be brought against the
corporation within two years after the debt becomes due; and no action
shall be brought against a stockholder after he shall have ceased to be
a stockholder, for any debt of the corporation, unless brought within two
years from the time he shall have ceased to be a stockholder.



Liability of Bailroad Corporations to Employees of Contractors for

Wage Debts.

Laws of 1890, Chapter 565, Being the Railroad Law and Constituting
Chapter XXXIX of the General Laws.

§ 30. An action may be maintained against any railroad corporation
by any laborer for the amount due him from any contractor for the
construction of any part of its road, for ninety or any less number of days*
labor performed by him in constructing such road, if within twenty days
thereafter a written notice shall have been served upon the corporation
and the action shall have been commenced after the expiration of ten
days and within six months after the service of such notice, which shall
contain a statement of the month and particular days upon which the
labor was performed, and for which It was unpaid, the price per day, the
amount due, the name of the contractor from whom due, and the section
upon which performed, and shall be signed by the laborer or his attorney
and verified by him to the effect that of his own knowledge the state-
ments contained In it are true. The notice shall be served by delivering
the same to an engineer, agent or superintendent having charge of the
section of the road upon which the labor was performed, personally, or
by leaving it at his office or usual place of business with some person
of suitable age or discretion; and if the corporation has no such agent,
engineer or superintendent, or in case he can not be found and has no
place of business open, service may in like manner be made on any officer
or director of the corporation.



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Labor Laws — Political and Lexjal Rights. 11.51

Secnring the Payment of Wages in New York City.

Laws of 1902, Chapteb 680.

An Act in relation to the municipal court of the city of New York, its
officers and marshals.

§ 44. Where employee is party. — ^When an action is brought by an em-
ployee against an employer for services performed by such employee, male
or female, the clerk of said municipal court in the district in which the
action is brought, shall issue a free summons when the plaintiff's demand
is less than fifty dollars and the plaintiff is a resident of the city of New
York, and proof by the plaintiflTs own affidavit that he has a good and
meritorious cause of action and of the nature of such action and of said
plaintlfTs residence, and whether previous application therefor has been
made, shall be duly presented to and filed with the clerk of the municipal
court where such action shall be brought and he shall not demand or
receive any fee whatsoever from the plaintiff or his agents or attorneys in
such action, unless the plaintiff shall demand a trial jury, in which case
the plaintiff must pay to the clerk of the municipal court where such
action shall be pending the sum of four dollars and fifty cents.

§ 274. Judgment in favor of wage earners. — In an action brought in
the municipal court, by a Journeyman, laborer, or other employee whose
employment answered to the general description of wage earner, for ser-
vices rendered or wages earned In such capacity, if the plaintiff recovers
a Judgment for a sum not exceeding fifty dollars, exclusive of costs, and
the action shall have been brought within one month after the cause of
action accrued, no property of the defendant is exempt from levy and sale
by virtue of an execution against property, issued thereupon; and, if such
an execution is returned wholly or partly unsatisfied, the clerk must, upon
the application of the plaintiff, issue an execution against the person of
the defendant for the sum remaining uncollected, if the indorsement re-
quired by this act to the effect that defendant was liable to arrest was
complied with. A defendant arrested by virtue of an execution so Issued
against his person, must be actually confined in the Jail, and Is not en-
titled to the liberties thereof; but he must be discharged aft^ having been
so confined for fifteen days. After his discharge another execution
against his person cannot be issued upon the Judgment, but the Judgment
creditor may enforce the Judgment against property as if the execution,
from which the Judgment debtor Is discharged, has been returned, without
his being taken.

§ 340. Costs in action by working woman. — In an action brought to
recover a sum o^ money for wages earned by a female employee, other
than a domestic servant; or for material furnished by such an employee,
in the course of her employment, or in or about the subject-matter thereof,
or for both, the plaintiff, if entitled to costs, recovers the sum of ten dol-
lars as costs, in addition to the costs allowed in this court, unless the
amount of damages recovered is less than ten dollars; in which case, the
plaintiff recovers the sum of five dollars as such additional costs. When
the employee is the plaintiff In such an action, she is entitled upon a set-
tlement thereof, to the full amount of costs, which she would have re-
covered, If Judgment had been rendered in her favor, for the sum received
by her upon the settlement.



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11.52 New York State Department of Labor.

§ 348. Employee's action; no fees. — When the action is brought by an
employee against an employer for services performed by such employee,
male or female, the clerks of this court shall not demand or receive any
fees whatsoever from the plaintiff or his agents or attorneys in such
action, if the plaintiff shall present proof by his own affidavit that his
demand is less than fifty dollars, that he is a resident of the city of New
York, that he has a good and meritorious cause of action against the de-
fendant, and the nature thereof; that he has made either a written or a
personal demand upon the defendant or his agent or representative, for
payment thereof, and that payment was refused. Except that If the
plaintiff shall demand a trial by jury, he must pay to the clerk the fees
therefor prescribed in this act.

The Lien Law.

Note.— Chapter 418 of the Laws of 1897, "An act In relation to liens, constituting chap-
ter 49 of the general laws," was approved May 13, 1897.

Article I. Mechanics' liens. (§§ 1-24.)
II. Liens on vessels. (§§ 30-35.)

III. Liens on monuments, gravestones and cemetery structures.

(§§ 40-44.)

IV. Liens for labor on stone. (§§ 50-52.)

V. Liens for service of stallions. (§§ 60-63.)
VI. Other liens on personal property. (§§ 70-74.)
VII. Enforcement of liens on personal property by sale. (§§ 80-85.)
VIII. Chattel mortgages. (§§ 90-98.)
IX. Contracts for the conditional sale of goods and chattels.

(§§ 110-118.)
X. Laws repealed; when to take effect. (§§ 120, 121.)

ARTICLE I.
Mecslianlca' Lien*.

Section 1. Short title.

2. Definitions.

3. Mechafilcs* lien on real property.

4. Extent of Hen.

5. Liens under contracts for public Impnyyements.

6. Liens for labor on railroads.

7. Liability of owner for collusive payments, incumbrances and other mort-

gages.

8. Terms of contract may be demanded.

9. Contents of notice erf lien.
10. Filing of notice.

n. Service of copy of notice. *

12. Notice of lien on account of public Improvement*.

13. Priority of Hen.

14. A«8lgnment of Uen.

15. Assignments of contracts and orders to be filed.

16. Duration of lien.

17. Duration of Hen under contract for a public Improvement

18. Discharge of lien, generally.

19. Discharge of lien by deposit of money into court

20. Discharge of lien for oubllc improvement.

21. Building loan contracts.

22. Oonetruction of article.

23. Enforcement of mechanics* liens.

24. Priorities of Hens for public improvements.



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Labor Laws-^Liens. 11.53.

Section 1. Short title. — This chapter shall be known as the lien law.

S 2. Definitions. — The term " lienor/' when used in this chapter, means
any person having a lien ux)on property by virtue of its provisions, and
mcludes his successor In interest The term " real property," when used,
in this chapter, includes real estate, lands, tenements, and hereditaments,
cori)oreal and incorporeal, fixtures, and all bridges and trestle work, and
s^tructures connected therewith, erected for the use of railroads, and all
oil or gas wells and structures and fixtures connected therewith, and any
lease of oil lands or other right to operate for the production of oil or gas
upon s^ch lands, and the right or franchise granted by a municipal corix)r-
at Ion for the use of the streets or public places thereof, and all structures
placed thereon .for the use of such right or franchise. Tlie term " owner,"
when so used, includes the owner in fee of real property, or of a less
estate therein, a lessee for a term of years, a vendee in possession,
under a contract for the purchase of such real property, and all persons
having any right, title or interest in such real property, which may be sold
under an execution in pursuance of the provisions of statutes relating to
the enforcement of liens of judgment, and all persons having any right
or franchise granted by a municipal corporation to use the streets aud
public places thereof, and any right, title or interest in and to such fran-
chise. The purchaser of real property at a statutory or judicial sale shall
be deemed the owner thereof, from the time of such sale. If the purchaser
at such sale fails to complete the purchase, pursuant to the terms of tlie
sale, all liens created by his consent after such sale shall be a lien on any
deposit made by him and not on the real property sold. The term ** im-
provement," when so used, includes the erection, alteration or repair of
any structure upon, connected with, or beneath the surface of, any I'eal
property and any work done upon such property, or materials furnished for
its permanent improvement. The term " public improvement," when so-
used, means an improvement upon any real proi)erty belonging to the state
or municipal corporation. The term " contractor," when so used, means a;
person who enters into a contract with the owner of real property for the
improvement thereof. The term *' sub-contractor," when so used, means
a person who enters into a contract for the improvement of such real
property with a contractor, or with a person who has contracted with or
through such contractor, for the performance of his contract or any part
thereof. The term " laborer," when so used, means any person who per-
forms labor or services upon such improvement. The term " material
man," when so used, means any person, other than a conti-actor, who fur-
nishes material for such improvement.

§ 3. Mechanics' lien on real property. — A contractor, sub-contractor,
laborer or material man, who performs labor or furnishes materials for
the improvement of real property with the consent or at the request of the
owner thereof, or of his agent, contractor or sub-contractor, shall have a
lien for the principal and interest of the value, or the agreed price, of
such labor or materials upon the real property improved or to^be improved
and upon such improvement, from the time of filing a notice of such lien
as prescribed in this article.

§ 4. Extent of lien. — Such lien shall extend to the owner's right, title or
interest in the real property and Improvements, existing at the time of



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11.54 New York State Department of Labor.

filing the notice of lien. If an owner assigns his Interest in such real prop-
erty by a general assignment for the benefit of creditors, within thirty
days prior to such filing, the lien shall extend to the interest thus assigned.
If any part of the real property subjected to such lien be removed by the
owner or by any other person, at any time before the discharge thereof,
such removal shall not affect the rights of the lienor, either in respect to
the remaining real property, or the part so removed. If labor is per-
formed for, or materials furnisiied to a contractor or sub-contractor for
an improvement, the lien shall not be for a sum greater than the sum
earned and unpaid on the contract at the time of filing the notic* of Hen,
and any sum subsequently earned thereon. In no case shall the owner be
liable to pay by reason of all liens, created pursuant to this article a sum
greater than the value or agreed price of the labor and materials remain-
ing unpaid, at the time of filing notices .of such liens, except as hereinafter
provided.

§ 5. Liens under contracts for public improvements. — A person per-
forming labor for or furnishing materials to a contractor, his sub-con-
tractor or legal representative for the construction of a public improvement
pursuant to a contract by such contractor with the state or a municipal
corporation, shall have a lien for the principal and interest of the value
or agreed price of such labor or materials upon the moneys of the state or
of such corporation applicable to the construction of such improvement, to
the extent of the amount due or to become due on such contract, upon fil-
ing a notice of lien as prescribed in this article. [As atnend^d by L. 1902,
ch. 57.]

§ 6. Liens for labor on railroads. — Any person who shall hereafter per-
form any labor for a railroad corporation shall have a lien for the value
of such labor upon the railroad track, rolling stock and appurtenances of
such railroad corporation and upon the land upon which such railroad
track and appurtenances are situated, by filing a notice of such lien In the
office of the clerk of any county wherein any part of such railroad Is situ-
ated, to the extent of the right, title and interest of such corporation in
such property, existing at the time of such filing. The provisions of this
article relating to the contents, filing and entry of a notice of a mechanic's
lien, and the priority and duration thei^of, shall apply to such liens. A



Online LibraryNew York (State). Bureau of Labor StatisticsAnnual report of the Bureau of Labor Statistics of the State of ..., Volume 19 → online text (page 50 of 60)