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as public holidays or half holidays, for all purposes whatsoever as regards the transaction of business in the public offices of this state, or counties of this state. On all other days and half days, excepting Sundays, such offices shall be kept open for the transaction of business. Where a contract by its terms requires the payment of money or the performance of a condition on a public holiday, such payment may be made or condition performed on the next business day succeeding such holiday, with the same force and effect as if made or performed in accordance with the terms of the contract. [As amended by L. 1897, ch. 614, and L. 1902, ch. 39.]

Sunday Labor.

PENAL CODE: LAWS OF 1881, CHAPTER 676.

§ 263. Servile labor.-All labor on Sunday is prohibited, excepting the works of necessity or charity. In works of necessity or charity is included whatever is needful during the day for the good order, health or comfort of the community. [As amended by L. 1883, ch. 358.]

§ 264. Persons observing another day as a Sabbath.-It is a sufficient defense to a prosecution for work or labor on the first day of the week, that the defendant uniformly keeps another day of the week as holy time, and does not labor on that day, and that the labor complained of was done in such a manner as not to interrupt or disturb other persons in observing the first day of the week as holy time. [As amended by L. 1885, ch. 519.]

§ 266. Trades, manufactures and mechanical employments.-All trades, manufactures, agricultural or mechanical employments upon the first day of the week are prohibited, except that when the same are works of necessity they may be performed on that day in their usual and orderly manner, so as not to interfere with the repose and religious liberty of the community. [As amended by L. 1883, ch. 358.]

$267. Public traffic.-All manner of public selling or offering for sale of any property on Sunday is prohibited, except that articles of food may be sold and supplied at any time before ten o'clock in the morning, and except also that meals may be sold to be eaten on the premises where sold or served elsewhere by caterers; and prepared tobacco, milk, ice and soda water in places other than where spirituous or malt liquors or wines are kept or offered for sale, and fruit, flowers, confectionery, newspapers, drugs, medicines and surgical appliances may be sold in a quiet and orderly manner at any time of the day. The provisions of this section, however, shall not be construed to allow or permit the public sale or exposing for sale or delivery of uncooked flesh foods, or meats, fresh or salt, at any hour or time of the day. [As amended by L. 1883, ch. 358; L. 1896, ch. 648; L. 1901, ch. 392.]

LAWS OF 1895, CHAPTER 823.

An Act to regulate barbering on Sunday.

Section 1. Any person who carries on or engages in the business of shaving, haircutting 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.

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

POLITICAL AND LEGAL RIGHTS AND PRIVILEGES OF

WORKINGMEN.

Allowing Time for Employees to Vote Without Loss of Pay. LAWS OF 1896, CHAPTER 909, BEING THE ELECTION LAW AND CONSTITUTING CHAPTER VI OF THE GENERAL LAWS.

§ 109. Time allowed employees to vote.-Any person entitled to vote at a general election held within this state, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed, for a period of two hours, while the polls of such election are open. If such elector shall notify his employer, before the day of such election, of such intended absence, and if thereupon two successive hours for such absence shall be designated by the employer, and such absence shall be during such designated hours, or if the employer, upon the day of such notice, makes no designation, and such absence shall be during any two consecutive hours while such polls are open, no deduction shall be made from the usual salary or wages of such elector, and no other penalty shall be imposed upon him by his employer, by reason of such absence. This section shall be deemed to include all employees of municipalities.

To Prevent Employers from Coercing Employees in Their Exercise of the Suffrage.

PENAL CODE: LAWS OF 1881, CHAPTER 676.

41s. Any person or corporation, who, directly or indirectly

3. Being an employer, pays his employee the salary or wages due in "pay envelopes" upon which there is written or printed any political motto, device or argument containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees, or within ninety days of a general election puts or otherwise exhibits in the establishment or place where his employees are engaged in labor, any handbill or placard containing any threat, notice or information that if any particular ticket or candidate is elected or defeated, work in his place or establishment will cease, in whole or in part, his establishment be closed up, or the wages of his employees reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his employees, is guilty of a misdemeanor, and, if a corporation, shall in addition forfeit its charter. [L. 1892, ch. 693, as amended by L. 1894, ch. 714, and L. 1901, ch. 371.]

Exempting Workingmen's Tools, Etc., from Attachment for Debt.

CODE OF CIVIL PROCEDURE, CHAPTER 13, TITLE 2, ARTICLE 1.

§ 1390. What personal property is exempt, when owned by a householder. The following personal property, when owned by a householder

is exempt from levy and sale by virtue of an execution, and each movable article thereof continues to be so exempt, while the family, or any of them, are removing from one residence to another:

1. All spinning wheels, weaving looms, and stoves, put up or kept for use in a dwelling house; and one sewing machine with its appurtenances. 2. The family bible, family pictures and school books, used by or in the family; and other books, not exceeding in value fifty dollars, kept and used as part of the family library.

3. A seat or pew, occupied by the judgment debtor or the family, in a place of public worship.

4. Ten sheep, with their fleeces, and the yarn or cloth manufactured therefrom; one cow; two swine; the necessary food for those animals; all necessary meat, fish, flour, groceries, and vegetables, actually provided for family use, and necessary fuel, oil and candles, for the use of the family for sixty days.

5. All wearing apparel, beds, bedsteads and bedding, necessary for the judgment debtor and the family; all necessary cooking utensils; one table; six chairs; six knives; six forks; six spoons; six plates; six tea cups; six saucers; one sugar dish; one milk pot; one tea pot; one crane and its appendages; one pair of andirons; one coal scuttle; one shovel; one pair of tongs; one lamp and one candlestick.

6. The tools and implements of a mechanic, necessary to the carrying on of his trade, not exceeding in value twenty-five dollars. [As amended by L. 1891, ch. 112.]

§ 1391. Additional personal property exempt in certain cases.-In addition to the exemptions, allowed by the last section, necessary household furniture, working tools and team, professional instruments, furniture and library, not exceeding in value two hundred and fifty dollars, together with the necessary food for the team, for ninety days, are exempt from levy and sale by virtue of an execution, when owned by a person, being a householder, or having a family for which he provides, except where the execution is issued upon a judgment recovered wholly upon one or more demands, either for work performed in the family as a domestic, or for the purchase money, of one or more articles, exempt as prescribed in this or the last section. [As amended by L. 1879, ch. 542, and L. 1901, ch. 116.]

Exempting Wages of Workingmen from Attachment for Debt. CODE OF CIVIL PROCEDURE, CHAPTER 15, TITLE 4, ARTICLE 1 (JUDGMENT CREDITORS' ACTION).

§ 1879. Application of article; what property cannot be reached.This article does not apply to a case where the judgment debtor is a corporation, created by or under the laws of the state. Nor does it authorize the discovery or seizure of, or other interference with, any property, which is expressly exempted by law from levy and sale, by virtue of an execution; or any money, thing in action, or other property, held in trust for a judgment debtor, where the trust has been created by, or the fund so held in trust has proceeded from, a person other than the judgment debtor; or the earnings of the judgment debtor for his personal services,

rendered within sixty days next before the commencement of the action, where it is made to appear, by his oath, or otherwise that those earnings are necessary for the use of a family, wholly or partly supported by his labor.*

Making Employees Preferred Creditors. †

LAWS OF 1877, CHAPTER 466, BEING THE GENERAL ASSIGNMENT ACT. § 29. Preference of wages and salaries. In all distribution of assets under all assignments made in pursuance of this act, the wages or salaries actually owing 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. [As amended by L. 1884, ch. 328; L. 1886, ch. 283; L. 1897, ch. 266 and ch. 624.]

Liability of Stockholders for Wage Debts.

LAWS OF 1892, CHAPTER 688, BEING THE STOCK CORPORATION LAW AND CONSTITUTING CHAPTER XXXVI OF THE GENERAL LAWS.

§ 54. Liabilities of stockholders.-Every holder of capital stock not fully paid, in any stock corporation, shall be personally liable to its creditors, to an amount equal to the amount unpaid on the stock held by him for debts of the corporation contracted while such stock was held by him. As to existing corporations the liability imposed by this section shall be in lieu of the liability imposed upon stockholders of any existing corporation, under any general or special law, (excepting laws relating to moneyed corporations, and corporations and associations for banking purposes,) on account of any indebtedness hereafter contracted or any stock hereafter issued; but nothing in this section contained shall create or increase any liability of stockholders of any existing corporation under any general or special law. The stockholders of every stock corporation shall, jointly and severally, be personaly liable for all debts due and owing to any of its laborers, servants or employees other than contractors, for services performed by them for such corporation. Before such laborer, servant or employee shall charge such stockholder for such services, he shall give him notice in writing, within thirty days after the termination of such services that he intends to hold him liable, and shall commence an action therefor within thirty days after the return of an execution unsatisfied against the corporation upon a judgment recovered against it for services. No person holding stock in any corporation as collateral security, or as executor, administrator, guardian or trustee, unless he shall have voluntarily invested the trust funds in such stock, shall be

*For similar exemption from the supplementary proceedings provided for in chapter 17, title 12, article 1, see § 2463.

+Compare section 8 of the Labor Law, "Payment of wages by receivers." See also the Lien Law, below.

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