of their several applications as though such applications had been filed prior to those of any persons on such lists not entitled to the preference provided by this section. A refusal to allow the preference provided for in this and the next succeeding section to any honorably discharged soldier, sailor or marine or a reduction of his compensation (intended to bring about his resignation) shall be deemed a misdemeanor, and such honorably discharged soldier, sailor or marine shall have a right of action therefor in any court of competent jurisdiction for damages, and also a remedy by mandamus for righting the wrong.

§ 21. Power of removal limited.

Every person whose rights may be in any way prejudiced contrary to any of the provisions of this section shall be entitled to a writ of mandamus to remedy the wrong. No person holding a position by appointment or employment in the state of New York or in the several cities, counties, towns or villages thereof, who is an honorably discharged soldier, sailor or marine, having served as such in the Union army or navy during the war of the rebellion and who is an honorably discharged soldier, sailor or marine, having served as such in the volunteer army or navy of the United States during the Spanish war, or who shall have served the term required by law in the volunteer fire department of any city, town or village in the state, or who shall have been a member thereof at the time of disbandment of such volunteer fire department, shall be removed from such position or employment except for incompetency or misconduct shown after a hearing upon due notice, upon stated charges and with the right to such employee or appointee to a review by a writ of certiorari. If the position so held by any such honorably discharged soldier, sailor or marine, or volunteer fireman shall become unnecessary or be abolished for reason of economy or otherwise, the said honorably discharged soldier, sailor or marine, or volunteer fireman holding the same shall not be discharged from the public service, but shall be transferred to any branch of the said service for duty in such position as he may be fitted to fill receiving the same compensation therefor, and it

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is hereby made the duty of all persons clothed with power pointment to make such transfer effective. The burden of proving incompetency or misconduct shall be upon the person alleging the same. Nothing in this section shall be construed to apply to the position of private secretary, cashier or deputy of any official or department.

§ 14. Stone used in State or municipal works.

All stone used in State or municipal works, except paving blocks and crushed stone, shall be worked, dressed and carved within the State. There shall be inserted in each contract or specification hereafter awarded by State, county or municipal authorities, authorizing or requiring the use of worked, dressed or carved stone except paving blocks or crushed stone, a clause to the effect that such stone shall be so worked, dressed or carved within the boundaries of the State as required by this section. If a contractor of the State or any municipality therein shall use stone except paving blocks and crushed stone, which has been worked, dressed or carved without the State, the State or such municipality shall revoke the contract of such contractor, and shall be discharged from liability thereon.

§ 160. Application of article.

The provisions of this article shall apply to all villages and cities which at the last preceding State enumeration had a population of three thousand or more.

§ 172. Enforcement of article.

The board or department of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof.

CHAP. 415, Laws 1897.

§ 3. Hours to constitute a day's labor.

Eight hours shall constitute a legal day's work for all classes. of employees in this state except those engaged in farm and domestic service unless otherwise provided by law. This section

does not prevent an agreement for overwork at an increased compensation, except upon work by or for the state or a municipal corporation or by contractors or subcontractors therewith. Each contract to which the state or a municipal corporation is a party which may involve the employment of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the contract shall be permitted or required to work more than eight hours in any one calendar day except in cases of extraordinary emergency caused by fire, flood or danger to life or property. The wages to be paid for a legal day's work as herein before defined to all classes of such laborers, workmen or mechanics upon all such public works or upon any material to be used upon or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such public work on, about or in connection with such labor is performed in its final or completed form is to be situated, erected or used. Each such contract hereafter made shall contain a stipulation that each such laborer, workman or mechanic, employed by such contractor, subcontractor or other person on, about or upon such public work shall receive such wages herein provided for. Each contract for such public work hereafter made shall contain a provision that the same shall be void and of no effect unless the person or corporation making or performing the same shall comply with the provisions of this section; and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the state or of a municipal corporation pay the same or authorize its payment from the funds under his charge or control to any such person or corporation for work done upon any contract which in its form or manner of performance violates the provisions of this section, but nothing in this section shall be construed to apply to persons regularly employed in state institutions, or to engineers, electricians and elevatormen in the department of public buildings during the annual session of the legislature.

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§ 4. Violation of preceding section.

Any officer or agent of this state or of a municipal corporation therein who openly violates or otherwise evades the provisions of this article, relating to the hours of labor of employees, shall be deemed guilty of malfeasance in office and may be suspended or removed by the authority having the power to appoint such officer or agent, if any, otherwise by the governor. A party contracting with the state or a municipal corporation therein, who fails to comply with or secretly evades such provisions by exacting and requiring more hours of labor for the compensation agreed to be paid per day than is fixed in this article, shall forfeit such contract, at the option of the state or of such municipal corporation.

§ 13. Preference in employment of persons upon public works. In the construction of public works by the state or a municipality, or by persons contracting with the state or such municipality, only citizens of the United States shall be employed; and in all cases where laborers are employed on any such public works, preference shall be given citizens of the state of New York. In each contract for the construction of public works a provision shall be inserted, to the effect that if the provisions of this section are not complied with, the contract shall be void.

§ 121. Property; erection of monuments.

Such a corporation may acquire and hold, within the county in which its certificate of incorporation is recorded, not more than five acres of land, to be used exclusively for the erection. of a suitable monument or monuments or other memorial, to perpetuate the memory of the soldiers and sailors who served in the defense of the Union in the war of the rebellion or who served in the army or navy of the United States in the late war with Spain from the town, city or county, in which such monument, monuments or memorial, is erected. Such a corporation may erect any such monument, monuments or memorial, upon any public street, square or ground of any town, city or village,

with the consent of the proper officers thereof, or may purchase or accept the donation of land suitable for that purpose; and may take and hold the property given, devised or bequeathed to it in trust, to apply the same to the income or proceeds thereof for the erection, improvement, embellishment, preservation, repair or renewal of such monument, monuments or memorials, or of any structures, fences or walks upon its land, or for planting and cultivating trees, shrubs, flowers or plants, in and around or upon its lands, or for improving or embellishing the same in any manner consistent with the design and purposes of the association according to the terms of such grant, devise or bequest. It may take by gift or purchase any lots or lands, in any cemetery within such county, to be used and occupied exclusively for the burial of honorably discharged soldiers and sailors who served in either of such wars, and for the erection of suitable monuments or memorials therein. A town clerk or the board of trustees of a village shall, upon the petition of twentyfive resident taxpayers, submit to an annual town meeting or village election, as the case may be, a proposition to raise by taxation a sum stated therein, not exceeding five hundred dollars in any one year, for the purpose of erecting such a monument, or contributing to the expense of such a monument erected by a corporation under this section, or for repairing or improving the same and the grounds thereof; and such tax shall be levied in the manner prescribed by law for levying general taxes in such town or village; and when raised shall be applied to the purposes specified in such proposition. (Am. 1899, ch. 207.)

LAWS 1895, CHAPTER 754.

AN ACT to authorize payment by counties, cities, towns and villages to charitable, eleemosynary, correctional and reformatory institutions wholly or partly under private control, for care, support and maintenance.

§ 1. Boards of estimate and apportionment, common councils, boards of aldermen, boards of supervisors, town boards,