« ForrigeFortsett »
of all the employees of railroad corporations to promptly report all defects coming to their knowledge in any such car or locomotive or shops or machinery and attachments thereof to the proper officer or agent of such corporation and after such report the doctrine of contributory negligence shall not apply to such employee.
Sec. 3218. Whenever the death of an employee shall be caused under circumstances from which a cause of action would have accrued under the provisions of the two preceding sections, if death had not ensued, an action therefor shall be brought in the manner provided by section three thousand two hundred and fifteen, and any sum recovered therein shall be subject to all of the provisions of said section three thousand two hundred and fifteen.
TITLE 39.—Intorication of railroad employees.
Intoxication SECTION 3868. If any person shall, while in charge of a locoof engineer, etc. motive engine running upon any railroad of any corporation
formed under this act, or while acting as conductor of a car or train of cars on any such railroad, be intoxicated, he shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be tined in any sim not exceeding one thousand dollars, or imprisoned in the county jail not exceeding six months.
ACTS OF 1899.
CHAPTER 61.—Corporations receiving money from employees for
medical service to maintain pesthouses. Pest house to
SECTION 2. All mining companies, or other corporations doing be erected, when.
business in this Territory who receive any money from their employees for the purpose of employing a physician to attend to and render medical aid to any of said employees during sickness, or to enforce sanitary regulations for the benefit of said employees, are hereby required to erect and maintain a proper and suitable pesthouse not less than one and one-half miles from any town, mining camp, settlement, or village where the headquarters of such company may be, or where the greater portion of said employees may labor, for the purpose of taking proper care of, and quarantining any and all of said employees who may be effected [affected] with any contagious, or infectious deseases [diseases) and any company or corporation violating any of the provitions [provisions] of this act[:] upon proper proceedings and conviction thereunder, shall be fined as set forth in section one sin any sum not less than three dollars nor more than eighty dollars), and in addition thereto shall be liable for all damages occasioned by their violation of the law as embodied in this act.
ACTS OF 1901.
CHAPTER 40.—Hours of labor on public roads.
Eight hours SECTION 1. All able-bodied male persons in the Territory of New a day's work. Mexico between the ages of twenty-one and sixty years, shall be
required to perform labor upon the public roads and highways as herein provided, for any number of days required by the road supervisor of their respective precincts, not less than two days nor to exceed five days of eight hours each in any one year.
ACTS OF 1903.
CHAPTER 2.—Jiners' hospital.
Hospital es- SECTION 4. There is also hereby created and established an institablished.
tution to be known and called the “ Miners' Hospital of New
Mexico," Objects. Sec. 9. The miners' hospital hereby established and created is
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.
('HAPTER 33.-Actions for injuries-Limitations—Trials in foreign
SECTION 1. There shall be no civil liability under either the Suit to be common law or any statute of this Territory on the part of any brought within
the Territory. 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 Notice. 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 Proviso. 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 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
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. Suing outside SEC. 3. It shall be unlawful for any person to institute, carry on Territory.
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 determine, to the parties or their attorneys, at any place in the Territory which the court may designate, and witnesses may be compelled by subpæna 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 Territory 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 jury
in the case pending in the courts of this Territory. Injunction. SEC. 4. Whenever it shall be made to appear to the district
court of this Territory for the county in which petitioner or plaintiff 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 Exceptions. 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 compromise. way preventing anyone in this Territory claiming to have a right of action for any such damages, from compromising such claim.
ARTICLE 1.-Right of action for injuries causing death.
SECTION 18. The right of action now existing to recover dam- Recovery 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.
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 Iun 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.
SECTION 7 (as amended by chapter 390, Acts of 1902).
Unions may any number of trades unions, trades assemblies, trades associa- unite to form
corporation. tions or labor organizations,
may unite in forming a corporation for the purpose of acquiring, constituting, maintain
Objects. ing 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.
Suits for wages by female employees—Costs—City of Brooklyn..
Special SECTION 16. In an action brought in a justice's court of the city lowance of costs.
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 re
cover 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 un
satisfied, 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.
Security for wages of laborers on canals—Contractors' bonds.
(Page 374.) Bond to be
SECTION 135. The superinterdent of public works or assistant required.
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. Who may sue. 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 Limitation. 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.
* Completion of labor" means the completion of the claimant's individual labor, and not of the entire undertaking of the contractor. Ilun 220.
Employment of children-Certain employments forbidden.
(Page 428.) Acrobatic, 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