the examinations hereinafter provided for. Said subboards shall be subject at all times to the jurisdiction and control of the "board of barber examiners of the state of New York," and shall serve during the pleasure of said state board. The sub-boards shall report the result of their examinations, without delay, to the state board of examiners, and the latter shall issue certificates of qualification to the persons who have qualified in said examinations.

SEC. 6. No person shall hereafter practice the occupation of a barber in this state, unless such person shall have first received a certificate of qualification from the board of examiners provided for in section one of this act. For the purpose of examining applicants for certificates of qualification as barbers the said board of examiners shall appoint the times and places for holding examinations. Such appointment shall be made with due regard to the convenience of the applicants and the public service. Said state board of examiners shall prescribe the mode and manner of conducting such examinations and shall appoint two of its members, one of whom shall be a master barber and the other a journeyman barber to conduct such examinations, or said board may designate a sub-board to conduct such examinations. Said board of examiners is authorized to incur all expenses necessary to carry out, in a prompt and efficient manner, the provisions of this act, and to pay the same out of any moneys in the hands of the treasurer of said board, except, however, said board of examiners shall not incur any expense or obligation for which the state of New York shall be liable.

SEC. 7. Each person on filing his application for examination shall pay to the treasurer of the said board of examiners the sum of five dollars, which sum shall be returned in case said applicant shall fail to pass said examination. Such payment shall constitute a part of the fund to pay the compensation and expenses of said board. The board shall keep a list of the names and places of business of all persons to whom certificates of

qualification are granted under the provisions of this act, in a book provided for that purpose, with the names arranged in alphabetical order, and said book shall be at all times open to public inspection.

SEC. 8. Every person now engaged in the business of a barber in this state, shall, within three months after the passage of this act, file an affidavit with the secretary of said board, setting forth his or her name, place of business, post-office address, the length of time he has been engaged in the business of a barber, and pay to the treasurer the sum of one dollar, for the certificate provided for in this act.

SEC. 9. Said board shall furnish to each person to whom a certificate of registration is issued, a card or insignia bearing the seal of the board and the signatures of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of a barber in this state, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in the shop or place where he is working, where it may be readily seen by all persons whom he or she may

serve.

SEC. 10. Said board of examiners shall have power to revoke any certificate of registration granted by it under this act, for (a) conviction of felony; (b) habitual drunkenness for six months immediately preceding a charge duly made; (c) gross incompetence, or (d) the use of unclean towels, cups or any other unclean utensils used by barbers which are liable to spread contagious or infectious diseases; provided, that before any certificate shall be so revoked the holder thereof shall have notice in writing of the charge or charges against him or her, and shall at a day and place specified in said notice, at least ten days after the service thereof, be given a public hearing and full opportunity to produce testimony in his or her behalf or to confront the witnesses against him or her. Any person whose certificate has been so revoked, may, after the expiration of three months, apply to have

the same regranted, and the same shall be regranted to him or her upon a satisfactory showing that the disqualification has ceased.

SEC. 11. The board shall cause to be made and filed with the state comptroller, on or before the first day of December of each year, a report showing the receipts and disbursements of said board and the balance in the hands of the treasurer of said board, together with a statement of the amount of such balance necessary to be held in the hands of the said treasurer to meet the expenses of the ensuing year. The comptroller shall thereupon

make and file in his office an estimate of the amount of such balance necessary to be held by said board for the purposes herein before stated, which sum may be retained by said board for said purposes and the balance of said surplus paid by the treasurer of said board into the state treasury.

SEC. 12. Upon the report of a member of the state board of examiners duly appointed as herein provided, or of a member of a sub-board of examiners in any city or village of the state, that a barber shop is in an unsanitary condition, said state board of examiners shall be empowered to call upon the state or local board of health, to declare such shop a public nuisance, and should the proprietor of said shop fail to abolish said nuisance, within a period of thirty days after notice to do so by either the state or local board of health, the board of examiners provided for in this act shall be empowered to call upon the aforesaid board of health to abolish the aforenamed public nuisance.

SEC. 13. To shave, trim the beard, or cut the hair of any person for hire, or reward, received by the person performing such service, or any other person, shall be construed as practicing the occupation of a barber within the meaning of this act. This act shall not in any way apply to or affect any person who is now occupied or working as a barber in this state, nor any person employed in a barber shop or an apprentice, except that a

person so employed less than three years prior to the passage of this act, shall be considered an apprentice, and at the expiration of such three years of such employshall be subject to the provisions of this act.

SEC. 14. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars or imprisonment in the county jail for a period of not less than thirty days, or by both such fine and imprisonment.

LAWS OF 1895.

CHAPTER 823.

An Act to regulate barbering on Sunday. Accepted by the City.

SEC. 1. Any person who carries on or engages in the business of shaving, hair cutting or other work of a barber on the first day of the week, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five dollars; and upon a second conviction for a like offense shall be fined not less. than ten dollars and not more than twenty-five dollars, or be imprisoned in the county jail for a period of not less than ten days, nor more than twenty-five days, or be punishable by both such fine and such imprisonment. at the discretion of the court or magistrate; provided, that in the city of New York, and the village of Saratoga Springs, barber shops or other places where a barber is engaged in shaving, hair cutting or other work of a barber, may be kept open, and the work of a barber may be performed therein until one o'clock of the afternoon of the first day of the week.

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

(Declared constitutional; People v. Havnor, 149 N. Y. 195, affirming App. Div.)

LAWS OF 1904.

CHAPTER 77.

In effect March 18.

AN ACT to require lenders of money on salaries of employees to file with employers a copy of agreement or assignment under which claim is made.

Sec. 1. Any person or persons, firm, corporation or company, who shall after the passage of this act, make to any employee an advance of money, or loan, on account of salary or wages due or to be earned in the future by such individual upon an assignment or note covering such loans or advances, shall not acquire any right to collect or attach the same while in the possession or control of the employer, unless within a period of three days after the execution of such assignment or notes and the making of such loan or loans, the party making such loan and taking such assignment shall have filed with the employer or employers of the individual so assigning his present or prospective salary or wages, a duly authenticated copy of such agreement or assignment or notes under which the claim is made.

Sec. 2. No action shall be maintained in any of the courts of this state, brought by the holder of any such contract, assignment or notes, given by an employee for moneys loaned on account of salary or wages, in which it is sought to charge in any manner the employer or employers, unless it shall appear to the satisfaction of the court that a copy of such agreement, assignment or notes, together with a notice of lien, was duly filed with the employer or employers of the person making such agreement, assignment or notes, by the person or persons, corporation or company making said loans within three days after the said loan was made and the said agreement, assignment or notes were given.