3. Acts as an inspector of election at any such meeting and violates an oath taken by him, in pursuance of law as such inspector, or violates the provisions of an oath required by law to be taken by him as such inspector, or is guilty of any dishonest or corrupt conduct as such inspector;

Is guilty of a misdemeanor.

§ 614. Presumption of knowledge of corporate condition and business and of assent thereto by directors; definition. It is no defense to a prosecution for a violation of the provisions of this chapter, that the corporation is a foreign corporation, if it carries on business or keeps an office therefor in this state. The term "director " as used in this chapter includes any of the persons having, by law, the direction or management of the affairs of a corporation, by whatever name described.

A director of a corporation or joint-stock association is deemed to have such a knowledge of the affairs of the corporation or association as to enable him to determine whether any act, proceeding or omission of its directors is a violation of this chapter. If present at a meeting of the directors at which any act, proceeding or omission of such directors in violation of this chapter occurs, he must be deemed to have concurred therein, unless he at the time causes or in writing requires his dissent therefrom to be entered on the minutes of the directors. If absent from such meeting, he must be deemed to have concurred in any such violation, if the facts constituting such violation appear on the record or minutes of the proceedings of the board of directors, and he remains a director of the corporation for six months thereafter without causing or in writing requiring his dissent from such violation to be entered on such record or minutes.

§ 618. Punishment for violation of the preceding sections. A person guilty of a violation of any of the provisions of the preceding sections of this chapter is punishable by imprisonment in a state prison not exceeding two years, or imprisonment in a county jail not exceeding six months.

See §§ 681, 682, Code of Criminal Procedure, as amended L. 1892, c. 219, and L. 1895, c. 880, relating to indictments against, and the collection of fines from corporations. See L. 1893, c. 708, as amended by L. 1895, c. 890, in reference to agents, and also § 3636, Penal Code (L. 1900, c. 216). See, also, L. 1900, c. 589, in reference to interference with gas meters or mains. See, also, L. 1890, c. 388; L. 1893, c. 717; L. 1895, c. 791, relating to violation of the " factory inspection law."

LABOR LAW.

§ 6. Hours of labor in brickyards.-Ten hours, exclusive of the necessary time for meals, shall constitute a legal day's work in the making of brick in brickyards owned or operated by corporations. No corporation owning or operating such brickyards shall require employes to work more than ten hours in any one day, or to commence work before seven o'clock in the morning. But overwork and work prior to seven o'clock in the morning for extra compensation may be performed by agreement between employer and employe.

L. 1893, c. 691, § 3, of which, providing that any violation constitutes a misdemeanor, is unrepealed by article xiii of L. 1897, c. 415. See, also, § 384h, subd. 3, Penal Code.

§ 8. Payment of wages by receivers.—Upon the appointment of a receiver of a partnership or of a corporation organized under the laws of this state and doing business therein, other than a moneyed corporation, the wages of the employes of such partnership or corporation shall be preferred to every other debt or claim. L. 1897, c. 415, § 8.

§ 9. Cash payment of wages—Every manufacturing, mining, quarrying, mercantile, railroad, street railway, canal, steamboat, telegraph and telephone company, every express company, and every water company, not municipal, and every person, firm or corporation, engaged in or upon any public work for the state or any municipal corporation thereof, either as a contractor or a sub-contractor therewith, shall pay to each employe engaged in his, their or its business the wages earned by such employe in cash. No such company, person, firm or corporation shall hereafter pay such employes in script, commonly known as store money-orders. No person, firm or corporation engaged in carrying on public work under contract with the state or with any municipal corporation of the state, either as a contractor or sub-contractor therewith, shall, directly or indirectly, conduct or carry on what is commonly known as a company store, if there shall, at the time be any store selling supplies, within two miles of the place where such contract is being executed. Any person, firm or corporation violating the provisions of this section shall be guilty of a misdemeanor.

L. 1897, c. 415, § 9; amended by L. 1906, c. 316.
See 384g, Penal Code, page 165, ante.

§ 10. When wages are to be paid.—Every corporation or joint-stock corporation, or person carrying on the business thereof by lease or otherwise, shall pay weekly to each employe the wages earned by him to a day not more than six days prior to the date of such payment.

But every person or corporation operating a steam surface railroad shall, on or before the twentieth day of each month, pay the employes thereof the wages earned by them during the preceding calendar month.

See L. 1890, c. 388, § 1; L. 1893, c. 717, § 1; L. 1895, c. 791, § 1; L. 1897, c. 415, § 10.

§ 11. Penalty for violation of preceding sections.—If a corporation or joint-stock association, its lessee or other person carrying on the business thereof, shall fail to pay the wages of an employe as provided in this article, it shall forfeit to the people of the state the sum of fifty dollars for each such failure, to be recovered by the factory inspector in his name of office in a civil action; but an action shall not be maintained therefor, unless the factory inspector shall have given to the employer at least ten days' written notice, that such an action will be brought if the wages due are not sooner paid as provided in this article.

On the trial of such action, such corporation or association shall not be allowed to set up any defense, other than a valid assignment of such wages, a valid set-off against the same, or the absence of such employe from his regular place of labor at the time of payment, or an actual tender to such employe at the time of the payment of the wages so earned by him, or a breach of contract by such employe or a denial of the employment.

See L. 1897, c. 415, § 11.

WEEKLY PAYMENT LAW.

Section 1. Sections one and two of chapter three hundred and eighty-eight of the laws of eighteen hundred and ninety, as amended by chapter seven hundred and seventeen of the laws of eighteen hundred and ninety-three, are hereby amended to read as follows: [§ 1. Repealed by L. 1897, c. 415, and superseded by § 10 thereof. See page 172.]

§ 2. Any joint-stock company or corporation violating any of the provisions of this act shall be liable to a penalty not exceeding fifty dollars and not less than ten dollars for each violation, to be paid to the people of the state, and which may be recovered in a civil action; provided notice in writing shall have been given such company or corporation that such an action will be brought if such company or corporation, after service of such notice, shall at any time fail to comply with the provisions of this act. The factory inspector of this state, his assistant or deputies, may bring an action in the name of the people of the state as plaintiffs against any joint-stock company or corporation which neglects to comply with the provisions of this act within two weeks, after having been notified in writing by such inspector, assistant or deputies, that such action will be brought. On the trial of such action such joint-stock company or corporation shall not be allowed to set up any defense for a failure to pay weekly, or monthly, if a steam surface railway company, any employe engaged in its business, the wages earned by such employe to within six days of the date of such payment, or for the preceding calendar month, if a steam surface railway company, other than a valid assignment of such wages or a valid set off against the same, or in the absence of such employe from his regular place of labor at the time of payment, or an actual tender to such employe at the time of payment of the wages so earned by him, or a breach of contract by such employe, or a denial of the employment. No assignment of future wages, payable weekly or monthly, if a steam surface railway company, under the provisions of this act shall be valid if made to the corporation or joint-stock company from which such wages are to become due, or to any person on behalf of such joint-stock company or corporation, or if made or procured to be made to any person for the purpose of relieving such joint-stock company or corporation from the obligation to pay weekly or monthly, if a steam surface railway company, under

the provisions of this act. Charges for groceries, provisions or clothing shall not be made a valid offset for wages, nor shall any such corporation or joint-stock company require as a condition of employment any agreement from any employe to accept wages at other periods than as provided in section one of this act. Any person, acting as the agent or lessee of the corporation or joint-stock company, and operating its plant, works or business, and disposing of the products thereof chiefly or solely to such corporation or joint-stock company, who shall violate the provisions of this act, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten dollars or more than fifty dollars.

§ 3. The provisions of sections two hundred and sixty-three and three hundred and eighty-four of the code of civil procedure shall apply to and govern any proceedings brought to enforce the provisions of this act, as against joint-stock companies or corporations, and it is hereby made the duty of the attorney-general of this state to appear in behalf of such proceedings brought hereunder by the factory inspectors of this state, their assistants or deputies.

§ 4. This act shall take effect immediately.

See L. 1890, c. 388, § 2; L. 1893, c. 717, § 2; L. 1895, c. 791, § 2. Wages of employes are preferred claims against a corporation under L. 1885, c. 376. Employes must be paid in cash. L. 1889, c. 381.

See 153 N. Y. 612; 158 N. Y. 526.