contract by which the labor or time of any prisoner in the state prison shall be contracted, let or hired to contractors at a price per day or for other period of time.

SECTION 98, (as amended by chapter 382, acts of 1889). The superintendent of state prisons shall, so far as practicable, cause all the prisoners in said prisons, who are physically capable thereof to be employed at hard labor for not to exceed eight hours of each day, other than Sundays and public holidays; but such hard labor may be either for the purpose of production and profit or for the purpose of industrial training and instruction, or partly for one and partly for the other of such purposes as hereinafter provided.

SECTION 99, (as amended by chapter 382, acts of 1889). The labor of prisoners of the first grade in each of said prisons shall be directed with reference to fitting the prisoner to maintain himself by honest industry after his discharge from imprisonment as the primary or sole object of such labor, and such prisoners of the first grade may be so employed at hard labor for industrial training and instruction solely, even though no useful or salable products result from their labor, but only in case such industrial training or instruction can be more effectively given in such manner. Otherwise and so far as is consistent with the primary object of the labor of prisoners of the first grade as aforesaid, the labor of such prisoners shall be so directed as to produce the greatest amount and value of useful or salable products.

SECTION 100, (as amended by chapter 382, acts of 1889). The labor of prisoners of the second grade in each of said prisons shall be directed primarily to the production of the greatest amount and value of useful and salable products, but secondarily to fitting such prisoners to maintain themselves by honest industry after their discharge from imprisonment, even though their labor be rendered thereby less productive.

SECTION 101, (as amended by chapter 382, acts of 1889). The labor of the prisoners of the third grade shall be directed solely to such exercise as shall tend to the preservation of health, or the manufacturing without the aid of machinery, of such a ticles as are needed in the public institutions of the state, or such other manual labor as the superintendent of state prisons shall direct, which shall not compete with free labor.

SECTION 102, (as amended by chapter 382, acts of 1889). The system of productive labor in each of said prisons shall be either the public-account system, or what is known as the piece-price system, or partly one or partly the other of such systems, as the superintendent of state prisons shall determine. By the public-account system is meant the system by which the state furnishes machinery and material for the labor of the prisoners and markets the products of such labor thereon. By the piece-price system is meant the system by which the state receives payment for the products of the labor of the prisoners upon materials and machinery furnished by the person making such payment or furnished partly by such person and partly by the state.

SECTION 103, (as amended by chapter 382, acts of 1889). Whenever the amount appropriated by the state therefor, shall be insufficient to conduct or continue such productive labor under the public-account system, it shall be the duty of the superintendent of state prisons to use his best endeavors to cause such productive labor to be conducted under the piece-price system. It shall also be the duty of the superintendent of state prisons and reformatories and agents and wardens thereof to obtain the full market rates for all products of the labor of prisoners of such prison whether manufactured under the piece-price system or under the public-account system. But none of the products of the labor of prisoners shall be sold for less than ten per centum in excess of the cost of the materials used in the manufacture of such products.

SECTION 104, (as amended by chapter 382, acts of 1889). It shall also be the duty of the superintendent of state prisons to determine what lines of productive labor shall be pursued in each prison, and in so determining said superintendent shall select diversified lines of industry with reference to interfering as little as possible with the same lines of industry carried on by the citizens of this state, and also with reference to employing the prisoners so far as practicable in occupations in which they will be most likely to obtain employment after their discharge from imprisonment. The superintendent of state prisons shall annually cause to be procured and transmit the same to the legislature with his annual report, a statement showing in detail the amount and quantity of each of the various articles manufactured in the several penal institutions under his control within this state under the public-account or piece-price plan which have been or were intended to be sold other than through public institutions.

SECTION 105, (as amended by chapter 382, acts of 1889). The total number of prisoners employed at one time in manufacturing one kind of goods which are manufactured elsewhere in the state shall not exceed five per centum of the number of all persons within the state employed in manufacturing the same kind of goods, as shown by the last United States census or state enumeration, except in industries in which not to exceed fifty free laborers are employed: Provided, That not more than one hundred prisoners shall be employed in all the prisons of the state in the manufacture of stoves and iron hollow-ware, and that not more than one hundred prisoners shall be employed in all the prisons of the state, in the manufacture of boots and shoes, And provided further, That no prisoner shall be employed upon any one of said specified industries, in any of the penitentiaries, reformatories or houses of correction in the state; except in making articles for the use of the public institutions of the state.

SECTION 106, (as amended by chapter 382, acts of 1889). The superintendent of state prisons shall hereafter cause to be manufactured by the prisoners in said prisons, such articles as are commonly needed and used in the public institutions of this state, for clothing and other necessary supplies of such institutions and the inmates thereof; and all such articles manufactured in the state prisons and not required for use therein, shall be furnished to the several public institutions supported in whole or in part by the state, for the use of their inmates, upon the requisitions of the trustees or managers thereof upon the superinten dent of state prisons, and no article so manufactured shall be purchased for the purpose of such public institutions, unless the same cannot be furnished upon such requisition.

SECTION 116, (as enacted by chapter 395, acts of 1890). No prisoner in any of the state prisons, penitentiaries or reformatories of the state shall be employed in making or finishing fur or wool hats, or in setting type or printing, except in setting type for or printing printed matter for use in the prison, penitentiary or reformatory in which the same is printed, and no products of any labor in the trade of printing or type-setting of any prisoner in any such prison, reformatory or penitentiary shall be put upon the market for sale or sold; but nothing in this act shall prevent the printing within a prison, penitentiary or reformatory of the official reports of the prison, penitentiary or reformatory, in which the same are printed respectively, or the making or finishing of fur or wool hats for use in such prison, penitentiary or reformatory, or for use in any of the public institutions of the state.

[See chapter 21 of the acts of 1884 following, for legislation probibiting further contracts being made for the labor of convicts, and section 3 of chapter 382 of acts of 1889 following, relative to system of employment of convicts in penitentiaries, etc. Also on general subject, sections 388, 399, and 410 of chapter 410, acts of 1882: chapter 470, acts of 1884; chapter 323, acts of 1887; chapter 586, acts of 1888, following.]

REVISED STATUTES-CODE OF CIVIL PROCEDURE, 1883.

Exemption from execution-Personal property.

(Page 281.)

SECTION 1390. 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 remov ing 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 a 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, 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 teacups; six saucers; one sugardish; one milk pot; one teapot; one crane and its appendages; one pair of and

irons; 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.

SECTION 1391. 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.

SECTION 1392. Where the judgment debtor is a woman, she is entitled to the same exemptions, from levy and sale by virtue of an execution, subject to the same exceptions, as prescribed in the last two sections, in the case of a house

holder.

Exemption from execution, etc.-Homesteads.

(Page 282.)

SECTION 1397. A lot of land, with one or more buildings thereon, not exceeding in value one thousand dollars, owned, and occupied as a residence, by a householder having a family, and heretofore designated as an exempt homestead, as prescribed by law, or hereafter designated for that purpose, as prescribed in the next section, is exempt from sale by virtue of an execution, issued upon a judgment recovered for a debt contracted after the thirtieth day of April, eighteen hundred and fifty; unless the judgment was recovered wholly for a debt or debts, contracted before the designation of the property, or for the purchase-money thereof. But no property heretofore or hereafter designated as an exempt homestead, as prescribed by law, or by the next section, shall be exempt from taxation, or from sale for non-payment of taxes or assessments.

SECTION 1398. In order to designate property, to be exempted as prescribed in the last section, a conveyance thereof, stating, in substance, that it is designed to be held as a homestead, exempt from sale by virtue of an execution, must be recorded, as prescribed by law; or a notice, containing a full description of the property, and stating that it is designed to be so held, must be subscribed by the owner, acknowledged or proved, and certified, in like manner as a deed to be recorded in the county where the property is situated; and must be recorded in the office of the clerk of that county, in a book kept for that purpose, and styled thehomestead exemption book."

SECTION 1399. A lot of land, with one or more buildings thereon, owned by a married woman, and occupied by her as a residence, may be designated as her exempt homestead, as prescribed in the last section; and the property so designated is exempt from sale, by virtue of an execution, under the same circumstances, and subject to the same exceptions, as the homestead of a householder having a family.

SECTION 1400. The exemption, prescribed by the last three sections, continues, after the death of the person in whose favor the property was exempted, as follows:

1. If the decedent was a woman, it continues, for the benefit of her surviving children, until the majority of the youngest surviving child.

2. If the decedent was a man, it continues, for the benefit of his widow and surviving children, until the majority of the youngest surviving child, and until the death of the widow.

But the exemption ceases earlier, if the property ceases to be occupied, as a residence, by a person for whose benefit it may so continue, except as otherwise prescribed in the next section.

SECTION 1401. The right to exemption, of a person entitled thereto, as prescribed in the last four sections, is not affected by a suspension of the occupation of the exempt property, as a residence, for a period not exceeding one year, which occurs in consequence of injury to, or destruction of, the dwelling-house upon the premises.

[See last half of section 3131, Code of Civil Procedure, and section 1086, chapter 410, acts of 1882, following.]

Costs in actions by female employés.

(Page 643.)

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SECTION 3131, (as amended by chapter 46, acts of 1890). In an action brought in a justice's court in the city of Brooklyn to recover á sum of money, for wages earned by a female employé other than a domestic servant, or for material furnished by such employé in the course of her employment, or in or about the subject-matter thereof, or for both, the plaintiff, if entitled to costs, recovers the sum of ten dollars as costs, in addition to the [usual] costs * * unless the amount of damages recovered is less than ten dollars; in which case the plaintiff recovers the sum of five dollars as such additional costs. Where the employé is the plaintiff in such an action she is entitled, upon a settlement thereof, to the full amount of costs which she would have recovered if judgment had been rendered in her favor for the sum received by her upon the settlement. In such action brought in said court, if the plaintiff recover a judgment for a sum not exceeding fifty dollars, exclusive of costs, no property of the defendant shall be exempt from levy and sale, by virtue of an execution against property issued thereupon; and, if such an execution is returned wholly or partly unsatisfied, the clerk must, upon the application of the plaintiff, issue an execution against the person of the defendant for the sum remaining uncollectel. A defendant arrested by virtue of an execution so issued against his person, must be actually confined in the jail and is not entitled to the liberties thercof; but he must be discharged after having been so confined fifteen days. After his discharge an execution against his person cannot be again issued upon the judgment, but the judgment creditor may enforce the judgment against property, as if the execution, from which the judgment debtor is discharged, had been returned without his being taken.

See subject of exemptions immediately preceding and section 1086, acts of 1882, following.]

REVISED STATUTES-PENAL CODE, 1883.

Protection of employés as voters.
(Page 9.)

SECTION 41c, (as enacted by chapter 94, acts of 1890). It shall not be lawful for any employer in paying his employés the salary or wages due them to inclose their pay in "* pay envelopes" upon which there is written or printed any political mottoes, devices or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employ s. Nor shall it be lawful for any employer, within ninety days of general election to put up or otherwise exhibit in his factory, workshop or other establishm nt or place where his employés may be working, any hand-bill or placard containing any threat, notice or information that in case any particular ticket or candidate shall be elected, work in his place or establishment will cease, in whole or in part, or his establishment be closed up, or the wages of his workmen be reduced, or other threats express or implied, intended or calculated to influence the political opinions or actions of his employés. This section shall apply to corporations, as well as individuals. and any person or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and any corporation violating this section shall forfeit its charter.

Conspiracy.
(Page 34.)

SECTION 168. If two or more persons conspire, either

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(5) To prevent another from exercising a lawful trade or calling, 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

(6) To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice, or of the due alministration of the laws;

Each of them is guilty of a misdemeanor.

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SECTION 170. * the orderly and peaceable assembling or co-operation of persons employed in any calling, trade, or handicraft, for the purpose of obtaining an advance in the rate of wages or compensation, or of maintaining such rate, is not a conspiracy.

SECTION 171a, (as enacted by chapter 688, acts of 1887). Any person or persons, employer or employers of labor, and any person or persons of any corpora tion or corporations on behalf of such corporation or corporations, who shall hereafter coerce or compel any person or persons, employé or employés, laborer or mechanic, to enter into an agreement, either written or verbal from such person, persons, employé, 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 misdemeanor 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.

Sunday labor.

(Page 55.)

SECTION 263. 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.

SECTION 264, (as amended by chapter 519, acts of 1885). 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 manner as not to interrupt or disturb other persons in observing the first day of the week as holy time.

SECTION 266. All trades, manufactures and mechanical employments upon the first day of the week are prohibited, except that when the same are works of necessity that 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. SECTION 269, (as amended by chapter 535, acts of 1887). Sabbath breaking is a misdemeanor, punishable by a fine not less than five dollars and not more than ten dollars or by imprisonment in a county jail not exceeding five days, or by both, but for a second or other offense, where the party shall have been previously convicted, it shall be punishable by a fine not less than ten dollars and not more than twenty dollars, and by imprisonment in a county jail not less than five nor more than twenty days.

Certain employments of children forbidden.

(Page 62.)

SECTION 292, (as amended by chapter 31, acts of 1886). A person who employs or causes to be employed, or who exhibits, uses, or has in custody, or trains for the purpose of the exhibition, use or employment of, any child apparently or actually under the age of sixteen years; or who having the care, custody or control of such a child as parent, relative, guardian, employer, or otherwise, sells, lets out, gives away, so trains, or in any way procures or consents to the employment, or to such training, or use, or exhibition of such child; or who neglects or refuses to restrain such child from such training, or from engaging or acting, either

(1) As a rope or wire walker, dancer, gymnast, wrestler, contortionist, rider or acrobat; or upon any bicycle or similar mechanical vehicle or contrivance;

or,

(2) In begging or receiving or soliciting alms in any manner or under any pretense, or in any mendicant occupation; or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets; or,

(3) In peddling, singing or playing upon a musical instrument, or in a theatri

cal exhibition, or in any wandering occupation; or,

(4) In any illegal, indecent or immoral exhibition or practice: *

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or,

(5) In any practice or exhibition or place dangerous or injurious to the life,

limb, health or morals of the child;

Is guilty of a misdemeanor. But this section does not apply to the employment of any child as a singer or musician in a church, school or academy, or in