Duties, etc.

Physician's certificate.

Certificate of

age.

Inspectors' certificates.

Impersona ting inspector. Hindering inspectors.

Penalty.

Deputy inspectors.

Discharge.

Governor appoint;

SEC. 19. The title of the inspector and the deputies hereinafter provided for, shall be respectively "factory and workshop inspector" and "deputy inspectors," and it shall be their duty to enforce the provisions of this act, and all other laws relating to the sanitary condition of factories and workshops, and to the employment, safety, protection and compulsory attendance at school of minors, and to institute all suits or actions in the name of the inspector * *, but no actions shall be begun by any deputy inspector without the written direction of the inspector

*

SEC. 21. The inspector and his deputies shall have power to demand a certificate of physical fitness from some regular practicing physician in the case of minors who may seem to them physically unable to work, and shall have power to prohibit the employment of any minor that can not obtain such a certificate.

SEC. 22. Any parent or guardian, when so required by the inspector, or one of his deputies, shall furnish to such inspector or deputy a certificate from the office of registration of births, or in the absence of such certificate, an affidavit or affidavits of the age of such minor, and if anyone shall knowingly swear falsely in any such affidavit, the person or persons so swearing shall be guilty of perjury, and liable to indictment and punishment accordingly.

SEC. 27. The inspector of factories and workshops and his deputies shall be furnished with certificates of authority by the secretary of state, and they shall produce the same if so requested by any occupier of a factory, mine, workshop or establishment.

SEC. 28. It will be illegal for anyone to personate an inspector of factories or forge his certificate of authority.

SEC. 29. It will be illegal for anyone to delay the factory inspectors in the exercise of their duties, or conceal or attempt to conceal any child or children from examination by the inspectors.

SEC. 30. Every manufacturer, merchant or other person who shall be guilty of any violation of the provisions of this act, shall be liable to a penalty of fifty dollars for each offense,

# * *

SEC. 33. The governor shall have power to appoint six suitable persons as deputy inspectors of factories and workshops, who shall have like power as the inspector, *

but shall at all times be governed by and subject to the control of the inspector:

*

SEC. 34. The inspector of factories and workshops shall have power to discharge any deputy inspector for cause, and upon such discharge the term of the said deputy inspector shall cease: Provided, That no deputy inspector shall be discharged without the consent of the governor.

(Supplement. Chapter 66, acts of 1903.)

to 1. The factory and workshop inspector appointed under the provisions of the act to which this act is a supplement [secs. 11, 14, 15, supra] shall hereafter be appointed by the governor, and shall be answerable to the governor for the faithful discharge of his duties.

May suspend, etc.

Inspection of mines;

2. For any neglect or failure to perform his duties, the factory or workshop inspector shall be subject to immediate suspension by the governor and loss of pay for such time as the governor may think proper; and he may also be discharged by the governor, in his discretion, after being given an opportunity to make a statement and present evidence in his defense, and if so discharged, the term of said inspector shall end with the date on which he is discharged.

Inspection of mines by factory inspector.

(Page 1904.)

SECTION 37. The “factory and workshop inspector" shall hereafter, in addition to the duties already imposed upon him by law,

have full power and authority to visit and inspect, at all reasonable hours and as often as practicable, all mines in this State, and to report to the governor of this State on or before the first day of November in each year the result of such inspection, together with such recommendations as said factory and workshop inspector" shall deem proper and necessary.

66

SEC. 38. The said "factory and workshop inspector" shall, by As to safepersonal examination or otherwise, ascertain if proper and neces- guards, etc. sary safeguards are erected and maintained by the owner or owners, lessee or lessees of each and every mine, for the protection of the lives of the men employed therein; in case it shall appear to the said factory and workshop inspector" that any such owner or lessee has neglected to make proper provision for the safety of the employees working in any such mine, he shall serve or cause to be served upon any such owner or lessee, a notice in writing, stating briefly such neglect, and such owner or lessee shall immediately remedy the same, or in case of death or accident from such neglect, be criminally liable therefor.

SEC. 39. It shall be the duty of said "factory and workshop Complaints. inspector," to whom a complaint in writing shall be made by any employee in any mine in this State that any such mine is dangerous to the lives of those employed therein, without delay to view and examine the mine complained of; and if he shall find such complaint to be just, he shall give notice in writing of the danger to the owner or lessee thereof, and in such notice may, in his discretion, order such mine closed until he shall issue his order that such danger has been removed.

SEC. 40. Any owner or lessee receiving such notice as is mentioned in the last preceding section, and refusing to comply therewith, shall forfeit the sum of one thusand dollars, to be recovered in an action upon contract by the said "factory and workshop inspector," in his individual name, in any court of competent jurisdiction: the said penalty when recovered, less the costs and expenses thereof, to be paid to the overseer of the poor of the township in which such mine is located, for the use of the poor of said township.

Hours of labor on surface and elevated railroads.

(Page 1904.)

Notice.

Penalty.

SECTION 41. Twelve hours' labor, to be performed within twelve Twelve hours consecutive hours, with reasonable time for meals, not less than a day's work. half an hour for each, shall constitute a day's labor in the operation of all cable, traction and horse car street surface railroads, and of all cable, traction and steam elevated railroads, owned or operated by corporations incorporated under the laws of this State, for the employees of such corporations in operating such railroads.

SEC. 42. It shall be a misdemeanor for any officer or agent of any such corporation to exact from any of such employees more than twelve hours' labor within the twenty-four hours of the natural day, and within twelve consecutive hours therein as in the first section [sec. 41] provided: Provided, however, That in case of accident or unexpected contingency demanding more than the usual service by such corporation to the public, or from such employees to the corporation, extra labor may be permitted and exacted for extra compensation.

Penalty.

SEC. 43. It is the true intent and purpose of this act to limit the Act construed. usual hours of labor of the employees of railroad corporations as aforesaid to twelve hours' actual work a day, to be performed within a period of twelve consecutive hours as aforesaid, whether such employees be employed by the trip or trips, the job, the hour, the day, the week, the month, or in any other manner.

Protection of employees as members of labor unions.

(Page 1905.)

Restraining SECTION 45. No corporation or employers of labor doing busiemployees from ness in the State shall, directly or indirectly or through any manjoining unions. ager, agent, superintendent, or employee thereof, make, as a condi

Requiring resignation.

Penalty.

Earnings

erty.

tion of employment of labor in any branch of its service, that any applicant or applicants for such employment shall, either individually or collectively, be required to sign any paper, document, or writing of any description, by which an obligation is made or implied of renouncing existing membership in any organization, society or brotherhood, or by which a promise is given of not joining such organizations at any future time.

SEC. 46. No corporation or employers of labor shall in like manner require directly or indirectly or through any of its managers, superintendents, agents or employees, that any individual or individuals shall either individually or collectively, in any manner promise to renounce existing membership in any lodge, brotherhood, or labor organization of any kind, or promise to refrain from joining any such lodge, brotherhood, or organization at any future time.

SEC. 47. Any violation of the above act shall be punishable with a fine not to exceed five hundred dollars or three months' imprisonment, or both, as the court may direct.

Earnings of married women.

*

(Page 2013.)

** *

SECTION 4. The wages and earnings of any married woman, acseparate prop- quired or gained by her *, in any employment, occupation, or trade in which she is employed, and which she carries on separately from her husband, and all investments of such wages, earnings, money, or property, shall be her sole and separate property, as though she were a single woman.

Who may claim benefit.

Protection of wages of laborers, etc., on public works.

(Page 2076.)

SECTION 49. Any person or persons who shall hereafter as laborer, mechanic, merchant or trader, in pursuance of, or in conformity with the terms of any contract for any public improvement made between any person or persons and any city in this State authorized by law to make contracts for the making of any publie improvement, perform any labor or furnish any material toward the performance or completion of any such contract made with said city, on complying with the second section of this act [sec. 50], Lien on funds, shall have a lien for the value of such labor or materials or either. upon the moneys in the control of the said city, due or to grow due under said contract with said city to the full value of such claim or demand, and these liens may be filed and become an absolute lien to the full and par value of all such work and materials, to the extent of the amount due or to grow due under said contract, in favor of every person or persons who shall be employed or furnish materials to the person or persons with whom the said contract with said city is made, or the subcontractors of said person or persons, their assigns or legal representatives: Provided, That no city shall be required to pay a greater amount than the contract price or value of the work and materials furnished, when no specific contract is made in the performance of said work by the contractor.

Proviso.

Claims to be filed.

SEC. 50. At any time before the whole work to be performed by the contractor for the city is completed or accepted by the city. and within fifteen days after the same is so completed or accepted. any claimant may file with the chairman or head of the department, council, board or bureau having charge of said work, and

with the financial officer of said city, notices stating the residence of the claimant, verified by his oath or affirmation, stating the amount claimed, from whom due, and if not due when it will be due, giving the amount of the demand after deducting all just credits and offsets, with the name of the person by whom employed, or to whom the materials were furnished; also a statement of the terms, time given, conditions of his contract, and also that the labor was performed or materials were furnished to the said contractor, and were actually performed or used in the execution and completion of the said contract with said city, but no variance as to the name of the contractor shall affect the validity of the said claim or lien.

SEC. 52. No lien provided for in this act shall be binding upon the property therein described, unless an action be commenced within ninety days from the filing of the same, and a notice of pendency of said action be filed with the financial officer of the city.

Limitation.

when.

SEC. 53. The lien shall attach from the time of filing thereof to Lien attaches the extent of the liability of the contractor for the claim preferred upon any funds which may be due or to grow due to said contractor from said city, under the contract against which the lien is filed.

SEC. 55. The plaintiff must make all parties who have filed claims, the contractor and the said city, parties defendants, and as to all parties against whom no personal claim is made, the plaintiff may, with the summons, serve a notice stating briefly the object of action, and that no personal claim is made; but all parties who have filed claims under this act may, by answer in such action, set forth the same, and the court in which the action is brought may decide as to the extent, justice and priority of the claims of all parties to the action.

Parties.

SEC. 57. In case of successive liens or a number of liens in Rights of sucfavor of different persons, their rights and priorities shall be de- cessive liens. termined as follows: Persons standing in equal degrees as colaborers, or various persons furnishing materials, shall have priority according to the date of the filing of their liens; when several lien notices are filed for the same demand, the judgment shall provide for the proper payments according to priority, so that under liens filed, double payments shall not be required.

Consolidation

SEC. 58. When separate actions are commenced, the court in which the first action was brought may upon the application of of actions. said city consolidate them.

SEC. 60. Nothing contained in this act shall be construed to im- Act construed. pair or affect the right of any person to whom any debt may be due for work done or materials furnished, to maintain a personal

action to recover such debt against the person liable therefor.

Liability of stockholders of navigation companies for wages due

employees.

(Page 2319.)

Liability for

SECTION 46. The stockholders of such [navigation] company shall be jointly, severally and individually liable for all debts that debts for labor. may be due and owing to all the laborers and mechanics of such company for services performed for such company; which debts so due shall be paid out of the first assets realized from said company or said stockholders; but no action or proceeding shall be brought or maintained against any stockholder for any such debt until an execution against the property of such company shall have been returned unsatisfied, in whole or in part.

Wages preferred-In executions, etc.

(Page 2340.)

Goods not to

SECTION 1 (as amended by chapter 27, Acts of 1896). No goods, chattels or personal property whatsoever, being in this State, and be removed;

Proviso.

Nor sold.

Proviso.

Wages a prior claim.

belonging to any manufacturer or other person or persons, or to any corporation, shall be liable to be removed by virtue of any execution, attachment or other process, unless the party by whom or at whose suit the said execution, attachment or other process was issued or sued out, shall first pay or cause to be paid to the operatives, mechanics and other employees employed by such manufacturer, person or persons or corporation, the wages then owing from such manufacturer, person, persons or corporation to the operatives, mechanics and other employees employed by them: Provided, The same shall not exceed two months' wages, and in case the sum owing as aforesaid shall exceed two months' wages, then the said party at whose suit such process is sued out, upon paying the said operatives, mechanics and other employees two months' wages, may proceed to execute his process as he might have done before the passage of this act; and the sheriff or other officer is hereby empowered and required to levy and pay to the plaintiff, as well the money so paid for wages as the money to be made by virtue of such process.

SEC. 2 (as amended by chapter 27, Acts of 1896). If the sheriff or other officer shall, by virtue of any execution, attachment or other process, remove from the possession or premises of any person, persons or corporation against whom such process may be issued, any goods, chattels or personal property, without first paying to the operatives, mechanics and other employees of such person or persons or corporation, their wages to the amount in the preceding section specified, such goods or chattels or personal property shall not be sold by such sheriff or other officer so taking or removing the same, until ten days after such removal, and then not until the plaintiff or party at whose suit such goods or chattels are taken as aforesaid shall, before the sale thereof, pay to the operatives, mechanics and other employees of such person or persons or corporation against whom such process is issued, the wages due them at the time of such removal: Provided, The same shall not in any case exceeed two months' wages, and if more than two months' wages is owing to such operatives, mechanics or other employees, then the party by whom or at whose suit such execution or other process is issued, by paying two months' wages, may proceed to execute his process, and sell such goods or personal property: Provided, The persons to whom such wages may be owing shall, before the expiration of said ten days after such removal, give notice to the sheriff or other officer holding such process of the amount of wages due and claim the same, which notice may be served by delivering the same to said officer or leaving a copy thereof at his usual place of abode.

Wages preferred in receivership-Sale of personal property.

(Page 2341.)

SECTION 3. Whenever, in any suits at law or in equity, pending in any of the courts of this State, it shall become necessary or advisable for such court to appoint a receiver to take the charge and possession of the goods, chattels and personal property of any manufacturer, distiller, brewer or producer of any manufactured articles, in whatsoever stage the same may then be, and then being due and unpaid to the mechanics, workmen and laborers employed by such manufacturer and other persons, sole or corporate, producing such manufactured articles, wages for the labor and services by such mechanics and workmen bestowed upon the goods, chattels and personal property thus then taken by such receiver, it shall be the duty of the chancellor, or of the judge appointing such receiver, on being petitioned by such workmen and employees for the payment of such unpaid wages due to them, setting forth the nature and kind of services performed, and of the amount due to such petitioners, to make an order directing a reference to a master in chancery to ascertain and report upon the correctness of the allegations in such petition contained, and of the amount