constituting chapter thirty-two of the general laws," as amended by chapter five hundred and sixty-seven of the laws of eighteen hundred and ninety-nine and chapter two hundred and ninety-eight of the laws of nineteen hundred, is hereby amended to read as follows:

§ 3. Hours to constitute a day's work.-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 overtime, except as otherwise provided. [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 hereinbefore defined to all classes of such laborers, workmen or mechanics upon all such public work 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 which 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.]

§ 2. Article one of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled “An act in relation to labor constituting chapter thirty-two of the general laws," is hereby amended by inserting therein, after section three thereof, a new section to be section three-a, and to read as follows:

§ 3-a. Labor on public work. Subdivision 1.-No laborer or mechanic employed by the state or a municipal corporation shall be required or permitted to work more than eight hours in any one calendar day, except as otherwise provided by law, and except in cases of extraordinary emergency caused by fire, flood or danger to life or property. But this provision shall not apply to foremen or other laborers acting in a supervisory capacity at increased wages, to persons employed only as watchmen or custodians, to per

sons regularly employed in state, county or municipal institutions, or to engineers, electricians and elevatormen in the department of public buildings during a session of the legislature. It shall be the duty of every officer of the state or a municipal corporation responsible for the employment of laborers and mechanics to enforce and carry out the provisions of this section.

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Subdivision 2. Every contract hereafter made, to which the state or a municipal corporation therein is a party, and every contract on behalf of the state or any such municipal corporation, which may require or involve the employment of laborers or mechanics, shall contain a provision that no laborer or mechanic doing any part of the work contemplated by such contract, in the employ of the contractor or of any subcontractor contracting for any part of the work, shall be required or permitted to work more than eight hours in any one calendar day upon such work; and every such contract shall stipulate a penalty for each violation of such provision of five dollars for each laborer or mechanic for every calendar day in which he shall be required or permitted to labor more than eight hours upon such work, except in cases of extraordinary emergency caused by fire, flood or danger to life or property. This provision shall not apply to contracts for transportation, or for the transmission of intelligence, or for such materials, articles or supplies as may usually be bought in open market, whether made to conform to particular specifications or not. Teamsters engaged in hauling on trips of over two miles shall be deemed to be engaged in transportation; and the time employed by teamsters in taking their teams to and from the place or places where the work of hauling begins and ends shall not be deemed part of the time of employment as limited by this section. Any officer or person designated or lawfully acting as inspector of the work to be performed under any such contract, or designated, authorized, or by law directed to aid in enforcing the fulfilment thereof, shall upon observation or investigation forthwith report to the proper officer of the state or of the municipal corporation and to the commissioner of labor all violations of such provision, together with the name or some adequate description of each laborer or mechanic violating it, or, if with reasonable diligence that cannot be done, an adequate description of the gang or group and the number of laborers or mechanics violating it, and the day of such violation. Thereupon the amount of the penalties imposed according to the stipulation in such contract shall be directed to be withheld out of the next payment to fall due or to be paid by the officer or person whose duty it shall be to approve the payment of the moneys due under such contract, whether the violation of such provision be by the contractor or any subcontractor. Any contractor or subcontractor aggrieved thereby may appeal to the head of the department or of the municipal corporation making the contract, who shall have power to review the action imposing the penalties; and from the decision of such head of a department of the state he may appeal to the court of claims, and from the decision of such head of a municipal corporation he may appeal to the supreme court, which courts respectively shall thereupon have jurisdiction to hear and decide the matter in like manner as in the other cases before them; provided however, that notice of the commencement of such action be promptly given to the attorney-general and provided further that the burden of proof in any such action shall be upon the contractor or subcontractor to establish every exception herein allowed to the general provision limiting the day's work to eight

hours. Where the commissioner of labor shall upon observation or investigation become satisfied that such provision of any such contract is being violated, he shall forthwith notify the head of the department of the state or the head of the municipal corporation concerned, who shall thereupon see that the penalties as above provided be deducted from the next payment upon such contract; and the amount of such penalties shall thereafter be retained and not paid over without the consent of the attorney-general, except in an action to recover the same, of which action the attorney-general shall be given notice and in which action he may intervene and defend.

Subdivision 3. No child under the age of sixteen years shall be employed or permitted to labor, by any contractor or subcontractor with the state or a municipal corporation, upon any contract work therefor, except in accordance with the provisions of article six of this act, which shall apply to such employment with the same force and effect as if such child were employed in a factory.

§ 3. Section four of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven entitled "An act in relation to labor constituting chapter thirty-two of the general laws," as amended by chapter five hundred and sixty-seven of the laws of eighteen hundred and ninety-nine, is hereby amended to read as follows:

§ 4. Wages on public work.-No department of the state nor any municipal corporation therein shall pay to any laborer or mechanic employed by it, nor shall any contractor or subcontractor therewith pay to any laborer or mechanic employed by him upon any work for the state or any such municipal corporation, a less rate of wages than the prevailing rate for a day's work in the same trade or occupation and under similar conditions (without regard to hours of labor) in the locality within the state where such public work, on, about or in connection with which such labor is performed, is to be situated or used in its final or completed form. Such wages, unless paid by the state or a municipal corporation, shall be paid weekly, to include the wages earned up to not more than six days prior to the day of payment, and in cash; and no deductions shall be made therefrom for medical or other services, except with the approval of the commissioner of labor. Every contract hereafter made to which the state or a municipal corporation is a party shall contain a provision that the contractor and all subcontractors who may perform any part of the work contemplated by such contract shall comply with the provisions of this section. But any such contract may contain a schedule of the rate of wages to be paid to each class of laborers and mechanics to be employed upon such work; and, provided that a copy of such schedule with a memorandum of such particulars of the contract as he may require be first delivered to the commissioner of labor, every such rate therein, which is not less than the rate prevailing at the time when such contract is made, shall continue to be the lawful minimum rate of wages for such class of laborers or mechanics thereafter employed upon such contract, any change in the prevailing rate of wages thereafter or anything elsewhere in this section to the contrary notwithstanding. This section shall not apply to the employment of inmates of charitable or correctional institutions; nor shall it be construed to prevent the employment of aged or infirm persons, under easy conditions where hard labor is not involved, at reduced rates of wages, provided that such reduced rates correspond with the pre

vailing rates for like services in private employment. All the provisions of this section shall be enforceable by injunction. If the commissioner of labor upon observation or investigation be satisfied and procure prima facie evidence that this section is being violated, he shall file an information with the attorney-general, who, unless upon due investigation he becomes satisfied that no violation of this section is being committed, shall thereupon proceed by action in the supreme court against the proper head of department or officer or officers of the municipal corporation concerned, or against the parties to such contract, to enjoin the employment of such laborers or mechanics at such illegal wages, which court shall thereupon have jurisdiction to enforce the provisions of this section by injunction.

[§ 4. Violations of the labor law. Any officer, agent or employee of this state or of a municipal corporation therein having a duty to act in the premises, who violates, evades or knowingly permits the violation or evasion of any of the provisions of this act shall be guilty of malfeasance in office and shall be suspended or removed by the authority having power to appoint or remove such officer, agent or employee, otherwise by the governor. Any citizen of this state may maintain proceedings for the suspension or removal of such officer, agent or employee or may maintain an action for the purpose of securing the cancellation or avoidance of any contract which, by its terms or manner of performance, violates this act, or for the purpose of preventing any officer, agent or employee of such municipal corporation from paying or authorizing the payment of any public money for work done thereupon.]

§ 4. Article one of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor constituting chapter thirty-two of the general laws," is hereby amended by inserting therein, after section four thereof, a new section to be section four-a, and to read as follows:

4-a. Subletting public contracts.-A clause shall be inserted in all specifications or contracts hereafter made or awarded by the state, or by any county, municipal corporation, public department or official thereof, prohibiting any contractor, to whom any contract shall be let, granted or awarded, from assigning, transferring, conveying, subletting or otherwise disposing of the same, or of his right, title or interest therein, or his power to execute such contract to any other person, company or corporation, without the previous consent in writing of the department or official awarding it. If any contractor, to whom any contract is hereafter so let, granted or awarded shall without the previous written consent specified above, assign, transfer, convey, sublet, or otherwise dispose of it, or his right, title or interest therein, or his power to execute it, to any other person, company or corporation, the state, county, municipal corporation, public department, or official as the case may be, which let, made, granted or awarded said contract shall revoke and annul it, and thereupon shall be relieved and discharged from any and all liability and obligations thereafter growing out of said contract to such contractor, and to the person, company or corporation to whom he shall assign, transfer, convey, sublet or otherwise dispose of it; provided that nothing herein contained shall be construed to hinder, prevent or affect an assignment by such contractor for the benefit of his creditors, made pursuant to the statutes of this state.

§ 5. Section twenty-one of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor

constituting chapter thirty-two of the general laws," as amended by chapter one hundred and ninety-two of the laws of eighteen hundred and ninety-nine is hereby amended to read as follows:

§ 21. Enforcement of this article. The commissioner of labor shall enforce all the provisions of this article. There shall be a bureau of the department of labor to be known as the bureau of public work, the head of which shall be the third deputy commissioner of labor. He shall be appointed by the commissioner of labor and may be removed by him at pleasure, and shall receive a salary of not less than two thousand four hundred dollars a year. It shall be his duty, subject to the direction of the commissioner of labor, to enforce the provisions of this article. Any officer, agent or employee of the state or of a municipal corporation therein, having a duty in the premises, who violates, evades or knowingly permits the violation or evasion of any of the provisions of this article, or knowingly fails to perform to the best of his ability any duty therein imposed upon him, shall be guilty of malfeasance in office and shall be suspended or removed by the authority having power to appoint or remove him, otherwise by the governor. Any citizen of this state may maintain proceedings for the suspension or removal of such officer, agent or employee.

[For existing text of section 21, see p. lxxxviii ante.]

§ 6. Chapter four hundred and forty-four of the laws of eighteen hundred and ninety-seven, entitled "An act to prohibit the assignment and subletting of public contracts," is hereby repealed.

§ 7. This act shall take effect October first, nineteen hundred and six.

FORM OF CONTRACT FOR BARGE CANAL CONSTRUCTION.
STATE OF NEW YORK.

IMPROVEMENT OF THE ERIE, OSWEGO AND CHAMPLAIN CANALS.

Memorandum of Agreement, Made between

hereinafter referred to as the " contractor," and the people of the State of New York, hereinafter referred to as the "State," this

day of ...

19.., by which the Contractor covenants and agrees to furnish all work,
labor and services and material of every kind, and to do and perform
each and every act and thing necessary or proper for the improvement
of the
canal, between the
and the

.....

in accordance with the plans and specifications for said work hereto annexed and forming a part hereof, and to fully complete said improvement in accordance with the true intent and meaning of said plans and specifications, without any further, other or different expense of any nature whatsoever to the State, excepting the consideration to be paid therefor by the State, as hereinafter more particularly mentioned.

1. It being understood and agreed that the Contractor shall make said improvements and conduct the work in compliance with all laws of the State of New York and with the ordinances of any city, village or town, and with the lawful directions of the officers, agents or representatives of the State or of said city, village or town.

2. The Contractor further stipulates and agrees that no laborer, workman or mechanic in the employ of the Contractor, sub-contractor or other person doing or contracting to do the whole or a part of the work contemplated by