Examinations.

1. To meet at stated intervals in their respective cities; they shall also meet whenever the board of health of such city or the mayor thereof shall in writing request them so to do.

2. To have jurisdiction over and to examine all persons desiring or intending to engage in the trade, business or calling of plumbing as employing plumbers in the city in which such board shall be appointed with the power of examining persons applying for certificates of competency as such employing or master plumbers or as inspectors of plumbing, to determine their fitness and qualifications for conducting the business of master plumbers or to act as inspector[s] of plumbing, and to issue certificates of competency to all such persons who shall have passed a satisfactory examination before such board and shall be by it determined to be qualified for conducting the business as employing or master plumbers or competent to act as inspectors of plumbing.

3. To formulate in conjunction with the local board of health of the city or an officer, board or body performing the duties of a board of health a code of rules regulating the work of plumbing and drainage in such city, including the materials, workmanship and manner of executing such work and from time to time to add to, amend or alter the same.

4. To charge and collect from each person applying for examination the sum of five dollars for each examination made by such board, and all moneys so collected shall be paid over by the board monthly to the chamberlain or treasurer of such city in which such board shall be appointed.

SEC. 45. A person desiring or intending to conduct the trade, business or calling of a plumber or of plumbing in a city of this State as employing or master plumber, shall be required to submit to an examination before such examining board of plumbers as to his experience and qualifications for such trade, business or calling, and it shall not be lawful in any city of this State for a person to conduct such trade, business or calling, unless he shall Certificate re- have first obtained a certificate of competency from such board quired. of the city in which he conducts or proposes to conduct such business. Registrations. SEC. 46. Every employing or master plumber carrying on his trade, business or calling in any city of this State shall register his name and address at the office of the board of health of the city in which he shall conduct such business, under such rules as the respective boards of health of each of the cities shall prescribe, and thereupon he shall be entitled to receive a certificate of such registration, provided, however, that such employing or master plumber shall at the time of applying for such registration hold a certificate of competency from an examining board of plumbers.

Cancellation of registry.

SEC. 47. Such registration may be canceled by such board of health for a violation of the rules and regulations for the plumbing and drainage of such city duly adopted and enforced therein, after a hearing had before such board of health and upon a prior notice of not less than ten days stating the ground of complaint and served on the person charged with the violation, but such revocation shall not be operative unless concurred in by the local board of examiners. It shall not be lawful for any person to must be regis- engage in or carry on the trade, business or calling of an employing or master plumber in any of the cities of this State, unless his name and address shall have been registered in the city in which he carries on or conducts such busines

Where

tered.

name

**

*

Expirations SEC. 50. All certificates of registration issued under the proand renewals. visions of the preceding sections shall expire on the thirty-first day of December of the year in which they shall be issued, and may be renewed within thirty days preceding such expiration. Such renewals to be for one year from the first day of January in each year.

Forfeiture.

SEC. 55. Any person violating any of the provisions of this article, or any rules or regulations of the board of health or of the examining board of plumbers in any city regulating the plumbing

and drainage of buildings in such city, shall be guilty of a misdemeanor, and on conviction if a master plumber, shall in addition, forfeit any certificate of competency or registration, which he may hold under the provisions thereof.

Article lim

SEC. 57. Nothing in this article shall affect or supersede any provision of chapter eight hundred and three of the laws of eighteen ited. hundred and ninety-six, relating to plumbing in the city of New York.

This act is a valid exercise of the police power. It is not void as restraining individuals from working as plumbers, nor as creating a monopoly, since it applies only to masters and employing plumbers, and two of the five members of the examining board are required to be employing plumbers. 39 N. E. Rep. 686.

Civil service-Labor service.

(Page 501.)

SECTION 11. The offices and positions in the classified service of Classification. the State or of any city or civil division thereof for which civil service rules shall be established pursuant to this act, shall be arranged in four classes to be designated as the exempt class, the competitive class, the noncompetitive class and, in cities, the labor class.

SEC. 12. The following positions shall be included in the exempt class:

4. In the State service, all unskilled laborers and such skilled laborers as are not included in the competitive class or the noncompetitive class; * * * Appointments to positions in the exempt class may be made without examination.

I ne

class.

exempt

SEC. 17. The labor class in cities shall include unskilled laborers Labor class. and such skilled laborers as are not included in the competitive class or the noncompetitive class. Vacancies in the labor class in cities shall be filled by appointment from lists of applicants registered by the municipal commissions. Preference in employment from such lists shall be given according to date of application. There shall be separate lists of applicants for different kinds of labor or employment, and the commissions may establish separate labor lists for various institutions and departments. Where the labor service of any department or institution extends to separate localities, the commissions may provide separate registration lists for each district or locality. The commissions shall require an applicant for registration for the labor service to furnish such evidence or pass such examination as they may deem proper with respect to his age, residence, physical condition, ability to labor, skill, capacity and experience in the trade or employment for which he applies.

Coercion of employees, etc.

(Page 522.)

Use of vio

A person who with a view to compel another person to do or to abstain from doing an act which such other person has a legal lence, etc. right to do or to abstain from doing, wrongfully and unlawfully:

1. Uses violence or inflicts injury upon such other person or his family, or a member thereof, or upon his property or threatens such violence or injury; or

2. Deprives any such person of any tool, implement or clothing or hinders him in the use thereof; or

3. Uses or attempts the intimidation of such person by threats or force,

Is guilty of a misdemeanor.

Workmen may meet and discuss questions affecting their welfare and take such action as seems to them best so long as it does not involve or tend to create a breach of the peace. They may decline to work unless their terms are complied with and may accost others and seek to persuade

Employment

during

term.

them to join in such action. But if these rights are enforced in an illegal manner, either alone or in company with others, by the use of threats or violence the offender becomes liable to arrest to prevent a breach of the peace. 1 City Court Supp. 54.

(See also 4 N. Y. Cr. 317, cited on page 797, below.)

Employment of children.

(Page 645.)

SECTION 316 (as amended by chapter 459, Acts of 1903). It shall school be unlawful for any person, firm or corporation to employ any

Certificate.

Penalty.

child under fourteen years of age, in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session; or to employ any child between fourteen and sixteen years of age who does not, at the time of such employment, present a certificate signed by the superintendent of schools or by the principal or the principal teacher of the city or district in which the child resides or by the principal or the principal teacher of the school where the child has attended or is attending, or by such other officer as the school authorities may designate, certifying that such child during the school year next preceding his application for such certificate, has attended for not less than one hundred and thirty days the public schools, or schools having an elementary course equivalent thereto, in such city or district and that such child can read and write easy English prose and is familiar with the fundamental operations of arithmetic; or to employ, in a city of the first class or a city of the second class, any child between fourteen and sixteen years of age who has not completed such course of study as the public elementary schools of such eity require for graduation from such schools and who does not hold either a certificate of graduation from the public elementary school or the pre-academic certificate issued by the regents of the university of the State of New York or the certificate of the completion of an elementary school issued by the department of public instruction, unless the employer of such child. if a boy, shall keep and shall display in the place where such child is employed and shall show whenever so requested by any attendance officer, factory inspector, or representative of the police department, a certificate signed by the school authorities or such school officers in said city as said school authorities shall designate, which school authorities, or officers designated by them, are hereby required to issue such certificates to those entitled to them not less frequently than once in each month during which said evening school is in session and at the close of the session of said evening school, stating that said child has been in attendance upon said evening school for not less than six hours each week for such number of weeks as will, when taken in connection with the number of weeks such evening school will be in session during the remainder of the current or calendar year, make up a total attendance on the part of said child in said evening school of not less than six hours per week for a period of not less than sixteen weeks, and any person who shall employ any child contrary to the provisions of this section or who shall fail to keep and display certificates as to the attendance of employees in evening schools when such attendance is required by law shall, for each offense, forfeit and pay to the treasurer of the city or village, or to the supervisor of the town in which such child resides, a penalty of fifty dollars, the same, when paid, to be added to the public school moneys of the city, village or district in which such child resides.

Conspiracy against workingmen.

(Page 655.)

Interfering

5. To prevent another from exercising a lawful trade or calling. with trade, etc. or doing any other lawful act, by force, threats, intimidation, or by

interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use or employment thereof; or

(b)

A union provided by its by-laws that a member working for less than the fixed rate of wages should forfeit a sum as penalty, to be recovered by process of law. Held, in an action to recover such penalty, (a) That the association was not unlawful within the meaning of this section. That such a by-law was not unlawful as made in restraint of trade. (c) That a penalty could properly be attached and an action maintained for its recovery. (d) It is not unlawful for any number of persons to make mutual agreements as to wages, but any association or combination for the purpose of compelling journeymen or employers to conform to any rule or agreement fixing the rate of wages to which they were not parties, by the imposition of penalties, by agreeing to quit the service of any employer who employes journeymen below certain rates, unless the journeyman pays the penalty imposed by the combination, or by menaces, threats, intimidation, violence, or other unlawful means, is an indictable conspiracy. 2 Daly 1.

An indictment charging that certain parties conspired by force, threats, and intimidation to prevent a certain firm from exercising its lawful trade and calling; and by threats and threatening notices attempted to intimidate certain employees and to constrain them against their own free will to quit their employment; and that assaults on its employees were committed, the shop beset and breaches of the peace committed in attempts to intimidate persons who desired to trade in the shop and prevent them from doing so, was held to sufficiently charge conspiracy and coercion under the above section and subdivisions 1 and 3 of the law on coercion (see page 795, above). Counts charging conspiracy against employer and employees may be properly joined. 4 N. Y. Cr. 317.

Interference by outside parties with employment, the terms of which are satisfactory to the employees, and attempts to enforce a boycott on an employer until he shall accede to the demands of such outside parties, are acts constituting offenses within this statute and at common law as well. Efforts by combinations of men to coerce workmen to join unions or to hinder them from obtaining work on account of not being members, or to interfere with the employers in the control of their lawful business by means of threats of injury or loss, or by interference with property are illegal. 30 Fed. Rep. 48.

An agreement between a labor organization and an employers' association not to employ any but members of said organization is, in effect, a threat to keep persons from working and to procure their discharge. Such a contract, or the rules of a labor organization are no defense in a suit for damages from loss of employment by conspiracy. 46 N. E. Rep. 297.

Assembling of

SEC. 3. * * the orderly and peaceable assembling or cooperation of persons employed in any calling, trade, or handicraft, workingmen. for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy.

Peaceable withdrawal from employment for the purpose of improving or maintaining wages is not an offense within the provisions of sections 1 and 3. Section 3 does not authorize a combination of individuals to compel, by means condemned in section 1, workmen to join the organization, or to punish those who may be inimical thereto. 5 N. Y. Cr. 509.

A combination by workmen to drive out and prevent from working in a certain district an objectionable person, is a criminal conspiracy. 6 N. Y. Cr. 292.

An injunction should not be granted against a confederation of persons whose object it is to entice employees from service in the absence of proof of intended violence, intimidation, etc. The remedy is an action for damages. 9 Abb. New Cases 393.

The fact that a contract between a labor organization and an employers' association had the proper object of avoiding disputes and conflicts does not legalize a plan compelling workmen not members of the union to join it on peril of discharge. 152 N. Y. 33.

An injunction will not lie against a body of workmen combined for the purpose of peaceably and without intimidation persuading their fellowcraftsmen to leave their employment in order to obtain an advance in wages, and they may lawfully pay the expenses of those who leave. 17 N. Y. Supp. 264.

A combination of manufacturers has the right to lock out all operatives connected with an association of employees because of demands which it considers unjust, made by such association upon a member of the combination of manufacturers, and the employees' association has an equal right to endeavor to persuade those who have been accustomed to deal with the manufacturers to discontinue their trade. 77 Hun 215.

Protection of employees as members of labor organizations.

(Page 655.)

SECTION 5. Any person or persons, employer or employers of Restraining labor, and any person or persons of any corporation or corpora- employees from joining unions. tions on behalf of such corporation or corporations, who shall

Penalty.

men.

hereafter coerce or compel any person or persons, employee or employees, laborer or mechanic, to enter into an agreement, either written or verbal from such person, persons, employee, laborer or mechanic, not to join or become a member of any labor organization, as a condition of such person or persons securing employment, or continuing in the employment of any such person or persons, employer or employers, corporation or corporations shall be deemed guilty of a misdemeanor. The penalty for such misde meanor shall be imprisonment in a penal institution for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment.

Procuring the discharge of an employee for refusing to join a union contravenes one of the fundamental principles of our free institutions and likewise violates the spirit if not the letter of this section. 2 N. Y. Mise. 553.

Protection of employees as members of the National Guard. Interfering SECTION 171b (added to Penal Code by chapter 349, Acts of with employ- 1903). A person who, either by himself or with another, willfully ment of guardsdeprives a member of the National Guard of his employment, or prevents his being employed by himself or another, or obstructs or annoys said member of said National Guard, or his employer, in respect of his trade, business, or employment, because said member of said National Guard is such member, or dissuades any person from enlistment in the said National Guard by threat of injury to him in case he shall so enlist, in respect of his employment. trade, or business, is guilty of a misdemeanor.

Associations SEC. 171c (added to Penal Code by chapter 349, Acts of 1903). excluding No association or corporation, constituted or organized for the guardsmen. purpose of promoting the success of the trade, employment, or business of the members thereof, shall by any constitution, rule, by-law, resolution, vote, or regulation, discriminate against any member of the National Guard of the State of New York, because of such membership in respect of the eligibility of such member of the said National Guard to membership in such association or corporation, or in respect of his right to retain said last mentioned membership; it being the purpose of this section and the section immediately preceding to protect a member of the said National Guard from disadvantage in his means of livelihood and liberty therein but not to give him any preference or advantage on account of his membership of said National Guard. A person who aids in enforcing any such provisions against a member of the said National Guard with the intent to discriminate against him because of such membership, is guilty of a misdemeanor.

Who may sue.

When accrues.

Right of action for injuries causing death.

(Page 934.)

SECTION 1. The executor or administrator of a decedent, who has left, him or her surviving, a husband, wife, or next of kin, right may maintain an action to recover damages for a wrongful act. neglect, or default, by which the decedent's death was caused. against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent, by reason thereof, if death had not ensued. Such an action must be commenced within two years after the decedent's death.

Limitation.

Damages exempt.

This section gives a remedy unknown at common law, not only against the company, but also against its agents by whose wrongful neglect death has been caused. 24 N. Y. 192.

The action abates with the death of the wrongdoer. 99 N. Y. 258.

SEC. 2. The damages recovered in an action, brought as prescribed in the last section, are exclusively for the benefit of the decedent's husband or wife, and next of kin; and, when they are collected, they must be distributed by the plaintiff, as if they were unbequeathed assets, left in his hands, after payment of all debts, and expenses of administration. But the plaintiff may deduct