intended and meant to be for the free treatment and care of resident miners of the Territory of New Mexico, who may become sick or injured in the line of their occupation; and all lodging and medical care shall be free of charge, as shall all other expenses incurred by the patient, except in cases where such patient is possessed of property and means sufficient to enable him to pay the actual costs and charges incurred by his attendance at such hospital, in which case the board of trustees may make provision for his being charged and paying such expenses incurred.

CHAPTER 33.-Actions for injuries—Limitations-Trials in foreign

States.

Suit to be

the Territory.

Notice.

SECTION 1. There shall be no civil liability under either the common law or any statute of this Territory on the part of any brought within person or corporation for any personal injuries inflicted or death caused by such person or corporation in this Territory, unless the person claiming damages therefor shall within ninety days after such injuries shall have been inflicted make and serve upon the person or corporation against whom the same is claimed, and at least thirty days before commencing suit to recover judgment therefor, an affidavit which shall be made before some officer within this Territory who is authorized to administer oaths, in which the affiant, shall state his name and address, the name of the person receiving such injuries, if such person be other than the affiant, the character and extent of such injuries in so far as the same may be known to affiant, the way or manner in which such injuries were caused in so far as the affiant has any knowledge thereof, and the names and addresses of all witnesses to the happening of the facts or any part thereof causing such injuries as may at such time be known to affiant, and unless the person so Limitation. claiming such damages shall also commence an action to recover the same within one year after such injuries occur, in the district court of this Territory in and for the county in which such injuries occur, or in and for the county of this Territory where the claimant or person against whom such claim is asserted resides, or, in event such claim is asserted against a corporation, in the county in this Territory where such corporation has its principal place of business; and said suit after having been commenced shall not be dismissed by plaintiff unless by written consent of the defendant filed in the case, or for good cause shown to the court; it being hereby expressly provided and understood that such right of action is given only on the understanding that the foregoing conditions precedent are made a part of the law under which right to recover can exist for such injuries, except as herein otherwise provided. SEC. 2. Whenever any person or corporation shall file a petition in the district court of this Territory for the county in which said petitioner lives, or, if a corporation, in the district court for the county in which such corporation has its principal place of business, stating in effect that such petitioner is informed and believes that some party named in said petition claims that he is entitled to damages from said petitioner for personal injuries inflicted in this Territory upon the party named in said petition or for personal injuries inflicted upon or death caused to some other person for which such party claims to have a cause of action against said petitioner, and stating as near as may be the general character of such injuries and the manner and the date said party claims they were inflicted and the place where he claims they were inflicted as near as petitioner knows or is informed as to such facts, and praying that the said party may be required to appear in said court and file therein a statement of his cause of action in the form of a complaint against said petitioner, summons shall issue out of said court and be served and returnable as other process, commanding and requiring the said party named in said petition to appear in said court and file such statement in the form of a complaint against said petitioner, if he has [one] to make, and upon such complaint being filed by such party as

Proviso.

Petition.

Suing outside Territory.

Injunction.

required, the defendant named therein may demur to or answer the same and such further pleading had as the parties may be entitled to or as may be meet and proper as in other cases of a similar character, and from thence forward such further proceedings shall be had in such cause as in other cases and the same shall be determined upon its merits and final judgment subject. however, to appeal or writ of error, shall be rendered therein either for the petitioner named in said complaint or for the adverse party, and if the court finds the petitioner guilty of any of the wrongs, injuries or trespasses complained of against him in said statement, such damages shall be assessed against the said petitioner as the law and the facts may require, in the same manner as though said cause had been instituted by the filing of said statement as a complaint.

In event said party complained of in said petition, after being duly served with such summons, shall fail or refuse to appear or file his said statement as required herein, judgment shall be rendered by default against him and in favor of the petitioner as in other cases, and thereupon the court shall try and determine the issues raised by such petition including the question as to whether or not the petitioner is liable to said party on account of any of the matters or things stated in said petition in any sum of money whatsoever, and, if so, in what amount, and final judgment shall be rendered in accordance with the facts and the law, and such judgment as the court may render shall be final and conclusive upon the question of the liability or nonliability of said petitioner to said party, and of the amount of the liability.

SEC. 3. It shall be unlawful for any person to institute, carry on or maintain any suit for the recovery of any such damages in any other State or Territory, and upon it being made [to] appear to the court in which any proceeding has been instituted in this Territory as herein provided, that any such suit has also been commenced, or is being maintained in any other State or Territory. contrary to the intent of this act, it shall be the duty of the court to set down for hearing and try and determine the proceeding so pending in this Territory as expeditiously as possible, upon such short notice to the other party thereto or his attorneys as the court may direct; and for the purpose of trying the same said court shall have the power to compel the parties thereto to plead or answer on such short day as it may determine, and in event the same is triable by jury it shall be the duty of the court, upon motion, to change the venue thereof to such county in said district as in the opinion of the court will afford an opportunity for the most speedy hearing; but in event such action is not triable by jury, then the court shall immediately proceed to try and determine the same, giving such reasonable notice as it may deter mine, to the parties or their attorneys, at any place in the Ter ritory which the court may designate, and witnesses may be compelled by subpoena to attend such place personally, from any part of the Territory, and testify, as at present, at such time and place. The institution of any such suit in any other State or Ter ritory shall be construed by the court as a waiver upon the part of the party so instituting the same of the right of trial by jurs in the case pending in the courts of this Territory.

SEC. 4. Whenever it shall be made to appear to the district court of this Territory for the county in which petitioner or plaar tiff lives, by any petition filed under section 3 hereof, or by a supplemental petition, or by an original complaint filed for that purpose, that petitioner or plaintiff fears or has good reason to fear that any other person is threatening or contemplating instituting suit in some other State or Territory to recover damages against petitioner or plaintiff for personal injuries inflicted or death caused in this Territory, or that he has already instituted and is then maintaining such a suit, it shall be the duty of the court upon such bond as the court may require being given, to issue its injunction pendente lite restraining such party from instituting or maintaining such suit in any court sitting in any other State or

Territory, and, at the final hearing, if such facts are found by the court to be true, the court shall make such injunction perpetual; and at the final hearing in all cases instituted under the provisions of section 3 hereof, the party complained of in the petition shall be perpetually enjoined from further instituting or maintaining any suit or action to recover damages by reason of any of the matters or things set up in said petition.

SEC. 5. This act shall not apply to cases in which the person or corporation against whom damages for personal injuries are claimed can not be duly served with process in this Territory.

SEC. 6. Nothing herein contained shall be construed as in any way preventing anyone in this Territory claiming to have a right of action for any such damages, from compromising such claim.

NEW YORK.

CONSTITUTION.

ARTICLE 1.-Right of action for injuries causing death.

Exceptions.

Compromise.

SECTION 18. The right of action now existing to recover dam- Recovery of ages for injuries resulting in death, shall never be abrogated; and damages. the amount recoverable shall not be subject to any statutory limitation.

The effect of this provision as to the amount recoverable is to authorize damages to an amount in excess of $5,000, which was the limit prior to its adoption (1894). 6 App. Div. 42.

REVISED STATUTES-THIRD EDITION-1901.

Wages preferred-In assignments.

(Page 161.)

SECTION 28. In all distribution of assets under all assignments Wages to be made in pursuance of this act, the wages or salaries actually ow- paid first. ing 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.

This statute is constitutional. 104 N. Y. 606.

It creates a prior lien in favor of wage claimants coming within its provisions on any fund in the hands of the assignee produced from the assigned property. 117 Fed. Rep. 688.

It is not restricted to employees in service at time of assignment, but covers all wages due at that time. 42 N. E. Rep. 1079.

Assignments are controlled by this statute so that the preference of debts due employees need not be expressed therein. 39 Hun 537.

The claimant's right is not lost by accepting a note for the amount due. 46 Hun 114.

But if such note has been negotiated, the claim which it represents is no longer entitled to preference. 57 Hun 490.

Labor organizations-Joint corporations for building halls, etc.

(Page 295.)

*

SECTION 7 (as amended by chapter 390, Acts of 1902). any number of trades unions, trades assemblies, trades associations or labor organizations, ** may unite in forming a corporation for the purpose of acquiring, constituting, maintaining and managing a hall, temple or other building and creating, collecting and maintaining, a library for the use of the bodies uniting to form such corporation.

$ *

Unions may unite to form corporation. Objects.

Suits for wages by female employees-Costs-City of Brooklyn.

(Page 329.)

costs.

Special alSECTION 16. In an action brought in a justice's court of the city lowance of of Brooklyn to recover a sum of money, for wages earned by a female employee other than a domestic servant, or for material furnished by such 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 dollars as costs in addition to the costs allowed by title ninth of this chapter, 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. Where the employee is the plaintiff in such an action she is entitled, upon a settlement thereof, to the full amount of costs which she would have recovered if judgment had been rendered in her favor for the sum received by her upon the settlement. In such action brought in said court, if the plaintiff recover a judgment for a sum not exceeding fifty dollars, exclusive No property of costs, no property of the defendant shall be exempt from levy exempt. 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, Execution issue an execution against the person of the defendant for the against person. sum remaining uncollected. A defendant arrested by virtue of an execution so issued against his person, must be actually confined in the jail and is not entitled to the liberties thereof; but he must be discharged after having been so confined fifteen days. After his discharge an execution against his person cannot be again 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, had been returned without his being taken.

Acrobatic,

tions.

Security for wages of laborers on canals—Contractors' bonds.

(Page 374.)

SECTION 135. The superintendent of public works or assistant superintendent having charge, shall also require and take from the contractor, a bond with at least two good and sufficient sureties. conditioned that such contractor will well and truly pay in full, at least once in each month, all laborers employed by him on the work specified in such contract, which shall be duly acknowledged and filed in the office of the clerk of the county wherein such contract or work is to be performed, and if partly in two or more counties, such bond or a certified copy thereof shall be filed in the clerk's office of each county.

Actions may be brought for a breach of such bond by any laborer not paid in accordance with its terms and the commencement or maintenance of an action by one or more laborers thereon shall not be a bar to the commencement and maintenance of other actions thereon by other laborers. No action shall be maintained against the sureties unless brought within thirty days after the completion of the labor the payment of which is secured by the bond.

This section does not apply to contractors, jobbers, or subcontractors. but to laborers only. 24 Barb. 541.

73

"Completion of labor means the completion of the claimant's individual labor, and not of the entire undertaking of the contractor. Hun 220.

Employment of children-Certain employments forbidden.

(Page 428.)

SECTION 18. A person who employs or causes to be employed, or etc., occupa- who exhibits, uses, or has in custody, or trains for the purpose of the exhibition, use or employment of, any child actually or appar

ently under the age of sixteen years; or who having the care, custody or control of such a child as parent, relative, guardian, employer, or otherwise, sells, lets out, gives away, so trains, or in any way procures or consents to the employment, or to such training, or use, or exhibition of such child; or who neglects or refuses to restrain such child from such training, or from engaging or acting, either

1. As a rope or wire walker, gymnast, wrestler, contortionist, rider or acrobat; or upon any bicycle or similar mechanical vehicle or contrivance; or,

2. In begging or receiving or soliciting alms in any manner or under any pretense, or in any mendicant occupation; or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets; or in peddling; or

3. In singing; or dancing; or playing upon a musical instrument; or in a theatrical exhibition; or in any wandering occupation; or, 4. In any illegal, indecent or immoral exhibition or practice; or in the exhibition of any such child when insane, idiotic, or when presenting the appearance of any deformity or unnatural physical formation or development; or

5. In any practice or exhibition or place dangerous or injurious to the life, limb, health or morals of the child, is guilty of a mis

demeanor. But this section does not apply to the employment of Law does not any child as a singer or musician in a church, school or academy; apply, where. or in teaching or learning the science or practice of music; or as a musician in any concert or in a theatrical exhibition, with the written consent of the mayor of the city, or the president of the board of trustees of the village where such concert or exhibition takes place. Such consent shall not be given unless forty-eight hours previous notice of the application shall have been served in writing upon the society mentioned in section two hundred and ninetythree of the Penal Code [any incorporated society for the prevention of cruelty to children], if there be one within the county, and a hearing had thereon if requested, and shall be revocable at the will of the authority giving it. It shall specify the name of the child, its age, the names and residence of its parents or guardians, the nature, time, duration and number of performances permitted, together with the place and character of the exhibition. But no such consent shall be deemed to authorize any violation of the first, second, fourth or fifth subdivisions of this section.

This section is not unconstitutional as an infringement of the parent's rights, or the rights of the child, but is a valid police regulation. Cr. 383.

Examination and licensing of plumbers.

(Page 438.)

8 N. Y.

Examining

SECTION 40. The existing boards for the exami-ation of plumbers in cities of this State are continued and each shall hereafter be boards. known as the examining board of plumbers. Such board in each city shall continue to consist of five persons to be appointed by the mayor, of whom two shall be employing or master plumbers of not less than ten years' experience in the business of plumbing, and one shall be a journeyman plumber of like experience, and the other members of such board shall be the chief inspector of plumbing and drainage of the board of health of such city, or officer performing the duties of such inspector, and the chief engineer having charge of sewers in such city, but in the event of there being no such officers in such city, then any two other officers having charge or supervision of the plumbing, drainage or sewerage, whom the mayor shall designate or appoint, or two members of the board of health of such city having like duties or acting in like capacities. SEC. 43. All members of such board shall be citizens and actual residents of the cities in which they are appointed.

SEC. 44. The several examining boards of plumbers shall have power and it shall be their duty;

Members to be citizens.

Powers of board.