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any person authorized by him, to a mine or quarry, for the purpose of examination and inspection.

2. Neglecting or refusing to comply with the provisions of article nine of the labor law upon written notice of the [commissioner of labor], is guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than fifty dollars, or by imprisonment for not less than thirty days. 1897.

Hours of Labor to be required.

SEC. 384h. Any person or corporation,

1. Who, contracting with the state or a municipal corporation, shall require more than eight hours' work for a day's labor; or

2. Who shall require more than ten hours' labor, including one-half hour for dinner, to be performed within twelve consecutive hours, by the employes of a street surface and elevated railway owned or operated by corporations whose main line of travel or routes lie principally within the corporate limits of cities of more than one hundred thousand inhabitants; or,

3. Who shall require the employes of a corporation owning or operating a brickyard to work more than ten hours in any one day, or to commence work before seven o'clock in the morning, unless by agreement between employer and employe; or,

4. Who shall require the employes of a corporation operating a line of railroad of thirty miles in length or over, in whole or in part within this state to work contrary to the requirements of article one of the labor law, is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than five hundred nor more than one thousand dollars for each offense. any contractor with the state or a municipal corporation shall require more than eight hours for a day's labor, upon the conviction therefor, in addition to such fine, the contract shall be forfeited at the option of the municipal corporation. 1897.

Payment of Wages.

If

SEC. 3841. A corporation or joint stock association or a

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person carrying on the business thereof, by lease or otherwise, who does not pay the wages of its employes in cash, weekly or monthly as provided in article one of the labor law, is guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than twenty-five nor more than fifty dollars for each offense. 1897.

Failure to Furnish Seats for Female Employes.—

SEC. 384j. Any person employing females in a factory or mercantile establishment who does not provide and maintain suitable seats for the use of such employes and permit the use thereof by such employes to such an extent as may be reasonable for the preservation of their health, is guilty of a misdemeanor. 1897.

No Fees to be charged for Services rendered by Free Public Employment Bureaus.

SEC. 384k. A person connected with or employed in a free public employment bureau, who shall charge or receive directly or indirectly, any fee or compensation from any person applying to such bureau for help or employment, is guilty of a misdemeanor. 1897.

Violations of Provisions of labor Law.

SEC. 3841. Any person who violates or does not comply with:

1. The provisions of article six of the labor law, relating to factories;

2. The provisions of article seven of the labor law, relating to the manufacture of articles in tenements;

3. The provisions of article eight of the labor law, relating to bakeries and confectionery establishments, the employment of labor and the manufacture of flour or meal food products therein;

4. The provisions of article eleven of the labor law, relating to mercantile establishments, and the employment of women and children therein;

5. And any person who knowingly makes a false statement in or in relation to any application made for an employment certificate as to any matter required by articles six and eleven of the labor law to appear in any

affidavit, record, transcript or certificate therein provided for, is guilty of a misdemeanor, and upon conviction shall be punished for a first offense by a fine of not less than twenty or more than one hundred dollars; for a second offense by a fine of not less than fifty or more than two hundred dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a third offense by a fine of not less than two hundred and fifty dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment. 1, 1903.

Illegal Practice of Horseshoeing.—

Oct.

SEC. 384m. A person who presents to a county clerk, for the purpose of registration, a certificate purporting to qualify him to practice horseshoeing in a city of the first or second class, which has been fraudulently obtained, or practices as a horseshoer in any city without complying with the provisions of article twelve of the labor law, or violates or neglects to comply with any of such provisions, is guilty of a misdemeanor. 1897.

Negligently Furnishing Insecure Scaffolding.

SEC. 447a. A person or corporation employing or directing another to perform or to do any labor in the erection, repairing, altering or painting, any house, building or structure within this state, who knowingly or negligently furnishes or erects or causes to be furnished or erected for the performance of such labor, unsafe, unsuitable or improper scaffolding, hoists, stays, ladders or other mechanical contrivances; or who hinders or obstructs any officer detailed to inspect the same, destroys or defaces any notice posted thereon, or permits the use thereof after the same has been declared unsafe by such officer contrary to the provisions of article one of the labor law, is guilty of a misdemeanor. 1897.

Neglect to complete or plank Floors of Buildings constructed in Cities.

SEC. 447c. A person, constructing a building in a city

as owner or contractor, who violates the provisions of article one of the labor law, relating to the completing or laying of floors, or the planking of such floors or tiers of beams as the work of construction progresses, is guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine for each offense of not less than twenty-five nor more than two hundred dollars. 1897.

Bribery of Labor Representatives.

SEC. 447f. A person who gives or offers to give any money or other things of value to any duly appointed representative of a labor organization with intent to influence him in respect to any of his acts, decisions or other duties as such representative, or to induce him to prevent or cause a strike by the employees of any person or corporation, is guilty of a misdemeanor; and no person shall be excused from attending and testifying, or producing any books, papers or other documents before any court or magistrate, upon any investigation, proceeding or trial, for a violation of this section, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may convict him of a crime or subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation or proceeding. 1904, Sept. 1.

Endangering Life by Refusal to Labor.

SEC. 673. A person who wilfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing, or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger human lives, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misde

meanor.

SECTION 3414 OF THE CODE OF CIVIL PROCEDURE. 71

SECTION 3414 OF THE CODE OF CIVIL
PROCEDURE.

(Being part of Chapter 419 of LL. 1897, Sept. 1.)

Preference over Contractors.—

If several where the

SEC. 3414. When a laborer or a material-man shall perform labor or furnish materials for an improvement of real property for which he is entitled to a mechanic's lien, the amount due to him shall be paid out of the proceeds of the sale of such property under any judgment rendered pursuant to this title, (mechanic's liens), in the order of priority of his lien, before any part of such proceeds is paid to a contractor or subcontractor. notices of lien are filed for the same claim, as contractor has filed a notice of lien for the services of his workmen, and the workmen have also filed notices of lien, the judgment shall provide for but one payment of the claim which shall be paid to the parties entitled thereto in the order of priority. Payment voluntarily made upon any claim filed as a lien shall not impair or diminish the lien of any person except the person to whom the payment was made.

LAWS OF 1898.

CHAPTER 671.

In effect April 30.

AN ACT to prevent fraudulent representation in labor organizations.

SEC. 1. Any person who represents himself or herself to be a member of, or who claims to represent a labor organization, which does not exist within the state, at the time of such representation, or who has in his or her possession a credential, certificate or letter of introduction bearing a fraudulent seal, or bearing the seal of a labor organization which has ceased to exist, and does not exist at the time of such representation, and attempts

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