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dence or place of business of the person on whom it is to be served. The notice may be served by post by letter addressed to the person on whom it is to be served, at his last known place of residence or place of business and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corporation, notice shall be served by delivering the same or by sending it by post addressed to the office or principal place of business of such corporation.
$ 3. An employee by entering upon or continuing in the service of the employer shall be presumed to have assented to the necessary risks of the occupation or employment and no others. The necessary risks of the occupation or employment shall, in all cases arising after this act takes effect be considered as including those risks, and those only, inherent in the nature of the business which remain after the employer has exercised due care in providing for the safety of his employees, and has complied with the laws affecting or regulating such business or occupation for the greater safety of such employees. In an action maintained for the recovery of damages for personal injuries to an employee received after this act takes effect, owing to any cause for which the employer would otherwise be liable, the fact that the employee continued in the service of the employer in the same place and course of employment after the discovery by such employee, or after he had been informed of, the danger of personal injury therefrom, shall not, as a matter of law, be considered as an assent by such employee to the existence or continuance of such risks of personal injury therefrom, or as negligence contributing to such injury. The question whether the employee understood and assumed the risk of such injury, or was guilty of contributory negligence, by his continuance in the same place and course of employment with knowledge of the risk of injury shall be one of fact, subject to the usual powers of the court in a proper case to set aside a verdict rendered contrary to the evidence. An employee, or his legal representative, shall not be entitled under this act to any right of compensation or remedy against the employer in any case where such employee knew of the defect or negligence which caused the injury and failed, within a reasonable time, to give, or cause to be given, information thereof to the employer, or to some person superior to himself in the service of the employer who had intrusted to him some general superintendence, unless it shall appear on the trial that such defect or negligence was known to such employer, or superior person, prior to such injuries to the employee.
$ 4. An employer who shall have contributed to an insurance fund created and maintained for the mutual purpose of indemnifying an employee for personal injuries, for which compensation may be recovered under this act, or to any relief society or benefit fund created under the laws of this state, may prove in mitigation of damages recoverable by an employee under this act such proportion of the pecuniary benefit which has been received by such employee from such fund or society on account of such contribution of employer, as the contribution of such employer to such fund or society bears to the whole contribution thereto.
§ 5. Every existing right of action for negligence or to recover damages for injuries resulting in death is continued and nothing in this act con
tained shall be construed as limiting any such right of action, nor shall the failure to give the notice provided for in section two of this act be a bar to the maintenance of a suit upon any such existing right of action.
$ 6. This act shall take effect July first, nineteen hundred and two. Became a law April 15, 1902, with the approval of the Governor.
Duties of Employees.
LAWS OF 1881, CHAP. 419. AN ACT to prohibit the pawning or fraudulent conversion of material in the
hands of operatives for manufacture. Section 1. Unlawful to sell, etc., property furnished to be manufactured; punishment.-Any person who shall wilfully pawn, pledge, sell or convert to his or her own use any material furnished him or her for the purpose of being manufactured, if the same be of the value of more than twenty-five dollars, shall, upon conviction thereof, be adjudged guilty of grand larceny, and imprisoned in a state prison for a term not exceeding five years, but if the same be of the value of twenty-five dollars or under, he or she shall, upon conviction, be adjudged guilty of petit larceny, and be punished by imprisonment in a county jail not exceeding six months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.
8 2. Act not to discharge mechanics' lien.-Nothing in this act contained shall be deemed or held to discharge any mechanic's lien, or right of lien in favor of any employee as now recognized by law.
Intelligence Offices and Employment Agencies in New York City and
Brooklyn. CHAPTER 410, LAWS OF 1888, AS AMENDED BY CHAPTER 330, LAWS OF 1891. AN ACT to regulate the keeping of intelligence offices, employment
agencies, or other places where a fee is charged for the procuring of
employment or situations in the city of New York.* Section 1. From and after the passage of this act no person shall engage in the business of keeping an intelligence office, employment bureau or other agency in the city of New York where a fee is charged for registration, or for the purpose of procuring, or assisting to procure employment, or situations of any kind, or for furnishing help to any person either in or out of said city, without first procuring a license therefor from the mayor of said city, under a penalty of not more than fifty dollars's fine for each offence, said fine to be imposed by a police magistrate, who shall have power to commit the person so offending, for a period not exceeding thirty days, in default of payment of said fine. And no license shall be granted for such purpose, except to persons of good general character, who shall be required to furnish to said mayor satisfactory proof of such fact. And in case any person shall be charged a fee, for the purpose of obtain
*Chapter 185, Laws of 1891, which is substantially identical with the above law, except that the licensee fee (renewal) is twenty-five dollars, regulates the keeping of intelligence agencies in Brooklyn,
ing employment or a situation, by any such intelligence office or employment agency bureau, and it shall be proved that no such employment or situation was to be obtained, or any vacancies existing at the place to which such persons be sent, then the keeper of said office or agency shall be liable to said person for the fare paid by him or her in going to and returning from said place, and should the keeper of said office or agency fail to pay such fare, the mayor may revoke the license. Every keeper of such intelligence office, employinnt agency, or other place kept for the purpose of procuring employment or situations, is hereby required to give to each person, from whom they accept a fee, a receipt, stating the amount so paid, and the character of the situation or employment they agree to procure for such person, and the name and address of the person or persons to whom the applicant is referred; and in case the applicant fails to procure or accept said situation or employment, then said intelligence office keeper shall refund the full amount of such fee paid to the person by whom such fee was paid at once, and that it shall be deemed a misdemeanor for any such intelligence office keeper to receive or permit to be received, any money for any other purpose except as herein pro vided, and that every intelligence office keeper is required to give to the employer a guarantee, to furnish a servant, for at least one month, for a fee paid, and in case of failure to furnish such servant, such intelligence office keeper must refund to the employer the full amount of such fee paid.
§ 2. Every person engaged in the business of keeping an intelligence office, employment agency or other place where employment or situations are procured, in the city of New York, shall have on the back of each and every receipt, given by them for fees received for the procuring of employment or situations, a copy of the first section of this act printed clearly and legibly in plain type, and a failure to comply with this provision of this section shall be deemed a sufficient cause for the forfeiture of the license of the person violating the same.
§ 3. The mayor may require from each person licensed, or applying for a license under this act, a bond, with a good and sufficient surety, conditioned for the faithful observance of the provisions contained therein.
8 4. Each license shall designate the house in which the person licensed shall keep his office and the number of such license, and shall continue and be in force until the first Tuesday of May next ensuing the date thereof, and no longer, unless sooner revoked by the mayor.
§ 5. Every person who may be licensed under and by virtue of the provisions of this act, shall pay to the mayor for the use of the said city of New York, the sum of twenty-five dollars; and for the renewal of any such license the sum of twelve dollars and fifty cents.
Protection of Sailors. LAWS OF 1882, CA. 410, THE NEW YORK CITY CONSOLIDATION ACT. $ 2069. No one except pilot to board vessel until fastened to wharf without permission.-It shall not be lawful for any person, except a pilot or public officer, to board, or attempt to board, a vessel arriving in the port or harbor of New York before such vessel shall have been made fast
to the wharf, without first obtaining leave from the master or person having charge of such vessel, or leave in writing from her owners or agents.
§ 2070. Id.; permission, when to be refused.-It shall not be lawful for any owner, agent, master, or other person having charge of any vessel arriving or being in the port of New York, to permit or authorize any sailors' hotel or boarding-house keeper not licensed as hereinafter provided, or any agent, runner, or employee of any sailors' hotel or boardinghouse keeper to board, or attempt to board, any vessel arriving in, or lying, or being in the harbor or port of New York, before such vessel shall have been made fast to the wbarf or anchored, with intent to invite, ask, or solicit the boarding of any of the crew employed on such vessel.
§ 2071. Sailors' boarding-house keepers, etc., not to ship seamen, etc.It shall not be lawful for any sailors' hotel or sailors' boarding-house keeper, or the employees of any sailors' hotel or boarding-house keeper, to engage in the business of shipping sea men for any vessel, nor for any such person having boarded any vessel made fast to any wharf in the port of New York to neglect or refuse to leave said vessel after having been ordered to do so by the master or person having charge of such vessel.
§ 2072. Sailors' boarding-houses to be licensed.-It shall not be lawful for any person to keep, conduct, or carry on, either as owner, proprietor, agent, or otherwise, any sailors' boarding-house or sailors' hotel in the city of New York, without having the license in this chapter provided.
$ 2073. Id.; persons not licensed forbidden to solicit boarding of sailors.--It shall not be lawful for any person not having the license in this chapter provided, or not being the regular agent, runner, or employee of a person having such a license, to invite, ask, or solicit, in the city or harbor of New York, the boarding or lodging of any of the crew employed on any vessel.
2074. Commissioners for licensing sailors' boarding houses; of whom consists.—There is created a board denominated a board of commissioners for licensing sailors' hotels or boarding-houses in the city of New York, consisting of one person selected by each of the following corporate bodies or associations, respectively, to-wit: The Chamber of Commerce of the State of New York; the American Seaman's Friend Society, in New York; the New York Board of Underwriters; the Marine Society of New York; the Society for Promoting the Gospel among Seamen in the Port of New York; and the Shipowners' Association of the State of New York.
§ 2075. Id.; duties.-Such board shall take the application of any person applying for a license to keep a sailors' boarding-house, or sailors' hotel, in the city of New York, and upon satisfactory evidence to them of the respectability and competency of such applicant, and of the suitableness of his accommodations, shall issue to him a license, which shall be good for one year, unless sooner revoked by said board, to keep a sailors' boarding-house in the city, and to invite and solicit boarders for the same.
$ 2076. Id.; may revoke licenses.-Such board may, upon satisfactory evidence of the disorderly character of any sailors' hotel or boarding. house, licensed as hereinbefore provided, or of the keeper or proprietor of any such house, or of any force, fraud, deceit, or misrepresentation in inviting or soliciting boarders or lodgers for such house, on the part of
such keeper or proprietor, or any of his agents, runners, or employees, or of any attempt to persuade or entice any of the crew to desert from any vessel in the harbor of New York, by such keeper or proprietor, or any of his agents, runners, or employees, revoke the license for keeping such house.
§ 2077. Id.; fees for licenses and application thereof. Reports to be filed.—Every person receiving the license hereinbefore provided for shall pay to the board of commissioners aforesaid the sum of twenty dollars, which, after deducting the actual expenses of said board incurred in the transaction of the business, which expenses shall not exceed the sum of fifteen hundred dollars, shall be by them applied for the relief of shipwrecked and destitute seamen. Said board shall file on the second Monday of January of each year, in the office of the clerk of the city and county of New York, a statement showing the number of licenses issued, the names of persons to whom issued, with name and number of the street or house licensed during the year preceding, the amount of money received therefor, the amount and items of their disbursements, and the amount distributed by them as hereinbefore directed.
§ 2078. Id.; officers of board; power to make by-laws and regulations conferred.—The said board shall appoint a president and secretary and shall keep an office in the city of New York, and make such by-laws and regulations as may be needful for the orderly conduct of its business, not inconsistent with the constitution and laws of this state.
§ 2079. Id.; board to furnish badges to licensed boarding-house keepers.—The said board shall furnish to each sailors' hotel or boarding-house keeper, licensed by them as aforesaid, one or more badges or shields, on which shall shall be printed or engraved the name of such hotel or boarding-house keeper, and the number and street of his hotel or boardinghouse; and which said badges or shields shall be surrendered to said board upon the revocation by them or expiration of any license granted by them as herein provided.
$ 2080. Badges to be displayed.-Every sailors' hotel or boarding-house keeper, and every agent, runner, or employee of such hotel or boardinghouse keepers, when boarding any vessel in the harbor of New York, or when inviting or soliciting the boarding or lodging of any seaman, sailor, or person employed on any vessel, shall wear conspicuously displayed the shield or badge referred to in the foregoing section.
2081. Unlawful wearing of badges prohibited.--It shall not be lawful for any person, except those named in the preceding section, to have, wear, exhibit, or display any such shield or badge to any of the crew employed on any vessel with the intent to invite, ask, or solicit the boarding or lodging of any of the crew employed on any vessel being in the harbor of New York.
$ 2082. Penalties for violations of foregoing sections; commissioners of boarding-houses not to accept any gratuities, etc.—Whoever shall offend against any or either of the provisions contained in sections two thousand and sixty-nine to two thousand and seventy-three, inclusive, or two thousand and eighty or two thousand and eighty-one, of this act, and any commissioner appointed under this chapter, who shall directly or