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law as to limitations of actions is relied on. The law of Washington follows:

WASHINGTON-CODES AND STATUTES

Security for wages of employees on public works-Contractors' bonds

SECTION 1159 (amended 1915, ch. 28). Bond to be required. Whenever any board, council, commission, trustees or body acting for the State or any county or municipality or any public body shall contract with any person or corporation to do any work for the State, county or municipality, or other public body, city, town or district, such board, council, commission, trustees or body shall require the person or persons with whom such contract is made to make, execute and deliver to such board, council, commission, trustees or body a good and sufficient bond, with two or more sureties, or with a surety company as surety, conditioned that such person or persons shall faithfully perform all the provisions of such contract and pay all laborers, mechanics and subcontractors and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, which bond shall be filed with the county auditor of the county where such work is performed or improvement made, except in cases of cities and towns, in which cases such bond shall be filed with the clerk or comptroller thereof, and any person or persons performing such services or furnishing material to any subcontractor shall have the same right under the provisions of such bond as if such work, services or material was furnished to the original contractor: Provided, however, That the provisions of this act shall not apply to any money loaned or advanced to any such contractor, subcontractor, or other person in the performance of any such work. SEC. 1160. Failure to require bond.—If any board of county commissioners of any county or mayor and common council of any incorporated city or town, or tribunal transacting the business of any municipal corporation shall fail to take such bond as herein required, such county, incorporated city or town, or other municipal corporation, shall be liable to the persons mentioned in the last preceding section, to the full extent and for the full amount of all such debts so contracted by such contractor.

SEC. 1161 (amended 1915, ch. 28). Amount; who may claim benefit; notice.— The bond mentioned in section 1159 shall be in an amount equal to the full contract price agreed to be paid for such work or improvement, and shall be to the State of Washington, except in cases of cities and towns, in which cases such municipalities may by general ordinance fix and determine the amount of such bond and to whom such bond shall run: Provided, That the same shall not be for a less amount than 25 per cent of the contract price of any such improvement, and may designate that the same shall be payable to such city, and not to the State of Washington, and all such persons mentioned in said section 1159 shall have a right of action in his, her, or their own name or names on such bond for work done by such laborers or mechanics, and for materials furnished or provisions and goods supplied and furnished in the prosecution of such work, or the making of such improvements: Provided, That such persons shall not have any right of action on such bond for any sum whatever, unless within 30 days from and after the completion of the contract with an acceptance of the work by the affirmative action of the board, council, commission, trustees, officer, or body acting for the State, county, or municipality, or other public body, city, town, or district, and laborer, mechanic, or sub ontractor, or material man, or person claiming to have supplied materials, provisions or goods for the prosecution of such work, or the making of such improvement, shall present to and file with such board, council, commission, trustees, or body acting for the State, county, or municipality, or other public body, city, town, or district, a notice in writing.

Such notice shall be signed by the person or corporation making the claim or giving the notice, and said notice, after being presented and filed, shall be a public record open to inspection by any person, [Attorneys' fees may also be recovered on suits timely brought.]

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The States having similar laws, as well as their application, are set forth below:

Arizona.--Street improvements, R. S., sec. 1962 (amended 1917, ch. 34.)
Arkansas.--Public works, churches, etc., Digest, secs. 6912-6916.

California. Public works, acts of 1919, ch. 303; street improvements, acts of 1911, ch. 397 (amended, 1919, ch. 297); acts of 1919, ch. 322.

Colorado.-Public works, C. L., sec. 9514, acts of 1923, ch. 155; railroad, reservoir or irrigation construction (private companies or corporations), C. L. secs. 6481-6483.

Connecticut.-Railroad construction, G. S., sec. 3693.
Delaware.-Public works, acts of 1917, ch. 224.

District of Columbia.-Public works, acts of United States Congress, 18981899, ch. 218 (30 Stat. 906).

Florida.-Public works, R. G. S., sec. 3533.

Georgia.-Public buildings and works, acts of 1916, page 94.

Hawaii.-Public buildings and works, R. L., sec. 2673 (amended 1921,

No. 55).

Idaho.-Public works, amount over $200, C. S., sec. 7341.

Indiana.-Public works and improvements, A. S., secs. 5897, 5899, 5901a, 5901b, acts of 1915, ch. 115, sec. 17.

Kansas.-Public works, G. S., secs. 7569, 7570; private contracts, sec. 7568. Louisiana. Any undertaking where the amount involved is $500 or over; acts of 1912, No. 167 (amended 1916, No. 262); drilling oil, gas, etc., wells, acts of 1916, No. 232; public works, acts of 1918, No. 224; buildings generally, acts of 1922, No. 139 (amended 1924, No. 230).

Maine. Railroad construction, R. S., ch. 56, sec. 47.
Maryland.-Public works, acts of 1918, ch. 127.

Massachusetts.-Public works, G. L., ch. 30, sec. 39 (amended 1922, ch. 416); ch. 149, sec. 29.

Michigan.-Public works, C. L., secs. 14827-14830; railroad construction and repair, sec. 8336.

Minnesota. Public works, G. S., sec. 8245 (amended 1923, ch. 373), 8246– 8249; railroad construction or repair, secs. 6239, 6240.

Missouri.-Public works, R. S., secs. 1040, 1041, 10735.

Montana.-Public works, R. C., sec. 1686 (authorities to withhold 20 per cent to meet labor, etc., claims).

Nebraska.-Public works, C. S., sec. 3224.

Nevada.-Public buildings or structures when contract price is over $500, R. L. 1919, p. 2837 (acts of 1913, ch. 264).

New Jersey.-Public works, acts of 1918, ch. 75 (amended 1920, ch. 110). New Mexico.-Public works, acts of 1923, ch. 136.

New York.-Canal construction, Con. L., ch. 5, sec. 145; ch. 59, sec. 57. North Carolina.-Public works, Con. S., sec. 2445 (amended 1923, ch. 100). North Dakota.-Public works, R. C., secs. 6252 (amended 1915, ch. 67), 6253-6255.

Ohio.-Public works, acts of 1915, p. 607 (sec. 126); 1917, p. 642.
Oklahoma.-Public works, R. L., secs. 3881, 3882.

Oregon.-Public works, Laws, secs. 2991, 6718 (amended 1923, ch. 24). Pennsylvania.-Public works, Stats., secs. 15854, 15855, 19207 (amended 1921, No. 277).

South Dakota.-Public works, R. C., sec. 5885.

Tennessee.-Public works, Code, secs. 1135a-1135a-3 (amended 1923, ch.

121).

Texas.-Public buildings or works, acts of 1913, ch. 99.
Utah.-Public buildings or works, C. L., secs. 3753-3755.

Vermont.-Railroad construction, G. L., sec. 5153.

Washington.-Public works, C. and S., secs. 1159–1161 (amended 1915, ch. 28); acts of 1921, ch. 166 (directs authorities to withhold amounts to meet labor, etc., claims).

West Virginia.-Public works, Code Supp., sec. 3851k.

Wisconsin.-Public works, Statutes, sec. 3327a.

Wyoming.-Irrigation work and railroads, C. S., secs. 3823-3828; public works to an amount of $500, acts of 1919, ch. 137; acts of 1921, ch. 151 (directs publication of completion of public work; claims must be submitted within time fixed).

United States.-Public works, Comp. Stat., sec. 6923.

LIABILITY OF STOCKHOLDERS OF CORPORATIONS FOR WAGE DEBTS DUE EMPLOYEES

The following States make stockholders in the designated corporations liable for debts owed employees for labor:

Indiana.-Manufacturing and mining corporations, A. S., sec. 5105; railroad corporations, sec. 5322; union railroad corporations, sec. 5355; steam packet companies, sec. 5600; navigation companies, sec. 5614; street railway companies, sec. 5695.

Massachusetts.-Business and miscellaneous corporations generally, G. L., ch. 156, sec. 35; ch. 158, sec. 45.

Michigan. Corporations and joint stock associations generally, Const., art. 12, sec. 4; acts of 1921, No. 84 (p. 151).

New York.-Stock companies generally, acts of 1923, ch. 787, sec. 71.
North Carolina.-Railroads and other carriers, Con. S., sec. 3426.

North Dakota.-Corporations engaged in mining, manufacturing, and industrial pursuits, R. C., sec. 4517.

Oklahoma.-Mining and manufacturing corporations, R. L., sec. 1362. Pennsylvania.--Corporations generally, Statutes, sec. 5727; a number of classes of corporations are also designated in separate laws.

Tennessee.-Corporations generally, Code, sec. 2076a8. A number of classes of corporations are also designated in separate laws.

Wisconsin.-Every corporation other than railroads, Statutes, sec. 182.23.

ASSIGNMENT OF WAGES-WAGE BROKERS

A fairly standardized law specifically regulating the business of making loans on the security of wages to be earned subsequently to the contract is found in a few States. These are:

Colorado.-C. L., secs. 4246-4256.
Illinois.-R. S., ch. 32, secs. 218-230
Indiana.-A. S., secs. 7996-8001b.
Montana.-R. C., secs. 4173-4182.

New York.-Con. L., ch. 41, sec. 42 (am. 1911, ch. 626).
Texas.-Acts of 1915, ch. 28.

Fairly representative of the foregoing laws is that of Indiana, with the exception that the interest rate therein fixed is unusually low, as would appear from the analysis following the text of that statute, herewith reproduced.

INDIANA-ANNOTATED STATUTES

Assignment of wages-Wage brokers

SECTION 7996. Definition.-Any person, company, corporation, or association loaning money directly or indirectly to any employee or wage-earner upon the security of or in consideration of any assignment of the wages or salary of such employee or wage-earner, shall be defined and held to be a wage broker and subject to the provisions of this act.

SEC. 7997. Assignments limited.-No assignment of his or her wages or salary by any employee or wage-earner to any wage broker or any other person for his benefit shall be valid or enforceable, nor shall any employer or debtor recognize or honor such assignment for any purpose whatever, unless it be for a fixed and definite part of the wages or salary earned or to be earned during a period not exceeding thirty days immediately following the date of the assignment. Any assignment which shall be postdated or dated on any other date than that of its actual execution shall be void and of no effect for any purpose whatever.

SEC. 7998. Rate of interest.-No wage broker shall ask, demand or receive, either as compensation or interest, or in any other manner directly or indirectly, any compensation or interest for the use of money advanced or loaned by him to any employee or wage-earner in excess of the rate of eight per

cent per year, and said compensation or rate of interest shall be computed upon the amount actually advanced to and received by the borrower, and no commission, compensation or charges in addition to the interest above named shall be asked, demanded or received by said wage broker or any other person for making or securing said advancement or loan.

SEC. 7999. Assignments by married men.-No assignment of his wages or salary by a married man, who shall be the head of a family residing in this State, shall be valid or enforceable without the consent of his wife, evidenced by her signature to said assignment executed and acknowledged before a notary public or other officer empowered to take acknowledgments of conveyances, and no wage broker or person connected with him directly or indirectly shall be authorized to take any such acknowledgment.

SEC. 8000. Employer to have notice.-No assignment of wages or salary shall be valid or enforceable unless notice in writing of the same accompanied by a copy of the assignments, shall be given to the employer or debtor within ten days from the date of its execution.

SEC. 8001. Status of purchased assignments.-Every purchase of a wage broker of an assignment of the wages or salary of any employee or wageearner shall be held and considered to be the loan in the sum and of the amount actually paid to and received by such employee or wage-earner.

SEC. 8001a. Violations.-Any person, company, corporation or association, or the officers, members, agents, or employees thereof, violating any or either of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction, shall be liable to a fine in the sum of not less than twenty ($20) dollars nor more than one hundred ($100) dollars for each offense, or to imprisonment in the county jail for a period not to exceed ninety days, or

both.

SEC. 8001b. What notes, etc., void.-Any note, bill or other evidence of indebtedness and any assignment of wages or salary given to or received by any wage broker or any other person in violation of any of the provisions of this act shall be null and void and of no effect; and upon conviction, any and all moneys advanced or loaned by said wage broker in violation of any of the provisions of this act and all interest thereon shall be forfeited.

The assent of the wife is required in all the States named except Illinois and New York. All the laws likewise require that the employer receive notice of the assignment except in Illinois and Texas. The interest rate permitted is 2 per cent per month in Colorado, 3 per cent in Illinois, 12 per cent per year in Montana, 18 per cent in New York, and the amount contracted for in Texas.

Laws relating to the same subject but less detailed in their requirements are found in

Kentucky. Statutes, sec. 4758a (am. 1918, ch. 36.)

Maryland.-A. C., art. 8, secs. 11-17.

Massachusetts.-G. L., ch. 154.

Minnesota.-G. S., secs. 3858 (am. 1917, ch. 321), 3859–3861.

Rhode Island.-G. L., ch. 304, secs. 1-7.

These laws vary in form, but embody various details, as of statements of account, consent of employer and of spouse, limit of the term of the assignment and the proportion of wages assignable, the recording of assignments, etc.

Apparently coming into the field somewhat later, and of broader scope, is a uniform small-loans act, which covers personal loans, usually up to $300, for the security of which chattels or wages are mortgaged or assigned. Such laws have been enacted in

Arizona.-Acts of 1919, ch. 91.

Colorado.-C. L., secs. 3781-3801.

Connecticut.-Acts of 1919, ch. 219 (am. 1923, ch. 223).

Georgia.-Acts of 1920, p. 215.

Illinois.-R. S., ch. 74, secs. 14-17.

Iowa.-Acts of 1921, ch. 35.

Maine. Acts of 1917, ch. 298.

Maryland. Acts of 1918, ch. 88 (am. 1924, ch. 115).

Michigan.-C. L., secs. 6031-6038.

New Jersey.-Acts of 1914, ch. 49.

Rhode Island.-Acts of 1923, ch. 2312.
Utah.-C. L., secs. 4380-4389.

Virginia. Acts of 1918, ch. 402 (am. 1920, ch. 299).

pay

These laws require the procuring of a license by persons, firms, or corporations desiring to engage in the business of making small loans; the giving of a bond running to the benefit of the person injured by violations of the law, etc., on the part of the office; and the giving of specific statements as to the loan and receipts of ments, quite similar to the wage-brokers' act. There is uniformly a specific reference to loans secured by the assignment of wages. Where the assignor is a married person, the assent of the spouse is required in the States named with the exception of Illinois. Notice must also be given to the employer except in Iowa and Utah; while in New Jersey the assignment is not valid until the employer accepts it.

Interest charges are limited to 3 per cent per month in Michigan for loans under $100 and 2 per cent per month for loans from $100 to $300; to 3 per cent in New Jersey and Utah, and to 32 per cent in Arizona, Connecticut, Georgia, Illinois, Iowa, Maine, Maryland, Rhode Island, and Virginia; in the last-named State, however, a rate of 5 per cent may be charged on loans under $50. The rate in Colorado is 12 per cent per annum.

The amount collectible is limited in some States, the maximum being 10 per cent of the monthly wage in Arizona, Colorado, Connecticut, Georgia, Iowa, Maryland, Rhode Island, and Virginia, and 50 per cent in Illinois. It may be added that the small-loans act of Illinois is declared not to apply to loans made under the wagebrokers' act.

There is a third group of laws which regulate the assignment of wages as security for loans of a less uniform type and of rather more general application than the foregoing. The following are citations of these laws:

Minnesota.-G. S., secs. 5811, 5812.
Mississippi.-Acts of 1914, ch. 112.
Nebraska.-C. S., secs. 2459, 2845-2856.
New York. Acts of 1914, ch. 518.

Ohio.-G. C., secs. 6346-1, 6346-10 (added 1911, p. 469; am. 1915, p. 281; 1917, p. 509; 1923, p. 209).

Tennessee.-Code, secs. 3522A, 3522A-14.

Like the small-loans act, the foregoing statutes cover loans on other security than wages, but all make specific mention of loans on wage security, and contain various provisions as to statements of account, consent of spouse, etc. In Minnesota, where the loan does not exceed $200 a rate of interest not to exceed 1 per cent per month may be charged. The Mississippi law is restrictive in the sense that where more than 20 per cent per annum is charged a license fee of $2.000 must be paid. The Nebraska statute permits the collection of 10 per cent per annum interest and a fee of 10 per cent of the loan. The laws of New York and Ohio limit the interest to 3 per cent per month, the latter also requiring a notice to the employer. In Tennessee an interest rate of 6 per cent is allowed, but a fee may be

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