2077. Every person receiving the license hereinbefore provided for shall pay to the board of commissioners aforesaid the sum of twenty-five dollars for each full year and a proportionate amount for a shorter period which amounts after deducting the actual expenses of said board incurred in the transaction of the business shall be by them applied for the relief of shipwrecked and destitute seamen. Said board shall file on or before the second Monday of January of each year, in the office of the clerk of the city and county of New York, a statement showing the number of licenses issued, the names of persons to whom issued, with name and number of the street or house licensed during the year preceding, the amount of money received therefor, the amount and items of their disbursements, and the amount distributed by them as hereinbefore directed. [As am'd by L. 1909, ch. 353.]

§ 2078. The said board shall appoint a president and secretary and shall keep an office in the city of New York, and make such by-laws and regulations as may be needful for the orderly conduct of its business, not inconsistent with the constitution and laws of this state.

§ 2079. The said board shall furnish to each sailors' hotel or boarding-house keeper, licensed by them as aforesaid, one or more badges or shields, on which shall be printed or engraved the name of such hotel or boarding-house keeper, and the number and street of his hotel or boarding-house; and which said badges or shields shall be surrendered to said board upon the revocation by them or expiration of any license granted by them as herein provided.

§ 2080. Every sailors' hotel or boarding-house keeper, and every agent, runner, or employee of such hotel or boarding-house keepers, when boarding any vessel, in the harbor of New York, or when inviting or soliciting the boarding or lodging of any seaman, sailor, or person employed on any vessel, shall wear conspicuously displayed the shield or badge referred to in the foregoing section. § 2081. It shall not be lawful for any person, except those named in the preceding section, to have, wear, exhibit, or display any such shield or badge to any of the crew employed on any vessel with the intent to invite, ask, or solicit the boarding or lodging of any of the crew employed on any vessel being in the harbor of New York.

§ 2082. Whoever shall offend against any or either of the provisions contained in sections two thousand and sixty-nine to two thousand and seventythree, inclusive, or two thousand and eighty or two thousand and eighty-one, of this act, and any commissioner appointed under this chapter who shall directly or indirectly receive any gratuity or reward, other than as herein provided for, or on account of any license under this chapter shall be deemed guilty of a misdemeanor. [As am'd by L. 1909, ch. 353.]

§ 2083. The word "vessel," as used in this chapter shall include vessels by whatever power propelled. The word "sailor" and the word "seamen " as used in this chapter shall include any person not an officer employed on any vessel. The word "boarding-house" as used in this chapter shall include a house where both board and lodgings are given or a house where lodgings alone are given. The word "hotel" as used in this chapter shall include a house where lodgings alone are given or a house where both board and lodgings are given. [As am'd by L. 1909, ch. 353.]

2084. The president of the trustees of the Seamen's fund and retreat in the city of New York shall demand and be entitled to receive, and in case of neglect or refusal to pay, shall, in the name of the people of the state of

New York, sue for and recover the following sums from either the owner or owners, or from the master, or from both the owner or owners and master, of every vessel from a foreign port; for the master, one dollar and fifty cents; for each mate, sailor, or mariner, one dollar. Second, from the master of each coasting vessel, from each person on board composing the crew of such vessel, twenty-five cents; but no coasting vessel from the state of New Jersey, Connecticut, or Rhode Island shall pay for more than one voyage in each month, computing from the first voyage in each year. And the said president may sue for the penalties imposed by law on masters of coasting vessels for nonpay ment of hospital money.

Part VIII

OPINIONS OF THE ATTORNEY-GENERAL CONSTRUING PROVISIONS OF LABOR LAWS

COMPILED BY THE BUREAU OF STATISTICS AND INFORMATION

[*303]

NOTE. In the following pages are printed all of the opinions rendered by the Attorney-General in construing labor laws during the year 1914. Similar opinions of earlier years may be found in previous reports of the Commissioner of Labor. The opinions are here arranged under general subject headings. Section numbers in these headings refer to the general Labor Law. Opinions dealing with that law are placed first, arranged according to section numbers, followed by opinions referring to other laws.

[304*]

OPINIONS OF ATTORNEY-GENERAL

PREVAILING RATE OF WAGES (§ 3)

Applies to Work Prosecuted by a Municipal Department of Public Works October 16, 1914.

Hon. V. T. HOLLAND, Secretary, Department of Labor, Albany, N. Y.

DEAR SIR.—I acknowledge the receipt of your letter of October 8th, in which you inquire whether "the prevailing rate of wages provision of section 3 of the Labor Law applies to work carried on by the Department of Public Works of a city.

Under the opinions of the courts contained in Ryan v. City of New York, 177 N. Y. 271; McAvoy v. City of New York, 52 App. Div. 485, and McNulty v. City of New York, 60 App. Div. 250, and the decisions of this Department, notably in the 1907 report, page 580, it is clear that the provision by its very terms does apply to a Department of Public Works, even when the work is carried on by that Department itself.

HON. JOHN N. CARLISLE, State Commissioner of Highways, Albany, N. Y. DEAR SIR. As requested, I have again given consideration to your letter of December 4th, relative to extraordinary emergency on highway work in Schoharie county.

The Labor Law lays down no particular rule for certifying as to the existence of these extraordinary emergencies. However, after consultation with Deputy Harris of the Comptroller's office and Secretary Holland of the Commissioner of Labor's office, I have come to the conclusion that the Comptroller is justified in demanding that the official having the best knowledge of the facts should certify where an extraordinary emergency exists. This is in accordance with the opinion rendered September 9, 1913, and printed at page 576 of the Attorney-General's Report for that year.

Of course the Commissioner of Labor is given authority to enforce the provisions of the eight-hour law under sections 3 and 21 of the Labor Law. However, this is more for the purpose of detecting violations.

Where you believe that the exception as to extraordinary emergencies should operate upon work carried on by you, then I am of the opinion that you should certify as to this necessity in order that the Comptroller and