SALE OR INSOLVENCY-WAGES PROTECTED. LAWS 1872, P. 47. APRIL 9, 1872. AN ACT for the better protection of the wages of mechanics, miners, laborers, and others. NOTE. The third provision of sec. 1 was repealed by the act of May 8, 1874 (the act following this), but was reenacted by the act of June 3, 1887. (See pp. 383, 384, 386.) SEC. 1. Be it enacted, etc.: That all moneys that may be due, or hereafter become due, for labor and services rendered by any miner, mechanic, laborer or clerk, from any person or persons or chartered company employing clerks, miners, mechanics, or laborers, either as owners, lessees, contractors, or under owners of any works, mines, manufactory, or other business where clerks, miners, or mechanics are employed, whether at so much per diem or otherwise, for any period not exceeding six months immediately preceding the sale and transfer of such works, mines, manufactories, or business, or other property connected therewith in carrying on said business, by execution or otherwise, preceding the death or insolvency of such employer or employers, shall be a lien upon said mine, manufactory, business or other property in and about, or used in carrying on the said business, or in connection therewith, to the extent of the interest of said owners or contractors, as the case may be, in said property, and shall be preferred and first paid out of the proceeds of the sale of such mine, manufactory, business or other property as aforesaid: Provided, That the claim of such miner, mechanic, laborer and clerk thus preferred shall not exceed two hundred dollars: And provided further, That this act shall not be so construed as to impair contracts existing or liens of record vested prior to its passage: And provided further, That no such claim shall be a lien upon any real estate, unless the same be filed in the prothonotary's office of the county in which such real estate is situated, within three months after the same becomes due and owing, in the same manner as mechanics' liens are now filed. (Repealed. See p. 383.) SEC. 2. In all cases of executions, landlord's warrants, attachments and writs of a similar nature hereafter to be issued against any person or persons, or chartered company engaged as before mentioned, it shall be lawful for such miners, laborers, mechanics or clerks to give notice in writing of their claim or claims, and the amount thereof, to the officers executing either of such writs, at any time before the actual sale of the property levied on; and such officers shall pay to such miners, laborers, mechanics and clerks, out of the proceeds of sale, the amount each is justly and legally entitled to receive, not exceeding two hundred dollars. SEC. 3. In all cases of the death, insolvency or assignment of any person or persons or chartered company engaged in operations as hereinbefore mentioned, or of executions issued against them, the lien of preference mentioned in the first section of this act, with the like limitations and powers, shall extend to every property of said persons or chartered company. SEC. 4. That no mortgage, or other instrument by which a lien is hereafter created, shall operate to impair or postpone the lien and preference given and secured to the wages and moneys mentioned in the first section of this act: Provided, That no lien or mortgage or judgment entered before such labor is performed, shall be affected or impaired thereby. SEC. 5. That in all cases of appeal from the judgment of justice of the peace for wages or moneys mentioned in the first section of this act, the party appellant, his agent, or attorney shall make oath or affirmations, that it is not for the purpose of delay that such appeal is entered, but because he firmly believes injustice has been done; the bail required in cases of appeal from the judgments of justices of the peace and from the awards of arbitrators for the wages and moneys mentioned in the first section of this act, shall be ball absolute in double the amount of said judgments and awards, and the probable amount of costs accrued and likely to accrue in such cases, with one or more sufficient sureties, conditioned for the payment of the amount of the debt, interest, and cost that shall be legally recovered in such case against the appellant. SEC. 6. That all laws or parts of laws inconsistent herewith be and the same are hereby repealed. ANNOTATIONS WAGES OF MINERS-LIENS. 1. CONSTRUCTION OF ACT-CLAIMANT WITHIN PROVISIONS OF ACT. 2. PURPOSE OF ACT-SECURING WAGES-FILING CLAIM. 3. PERSONS ENTITLED TO CLAIM. 4. LIEN-EXTENT AND LIMITATION. 5. CONTRACTOR-APPLICATION OF ACT. 6. LIEN UPON PARTNERSHIP PROPERTY. 7. DEATH OR INSOLVENCY-PREFERENCE-CONSTRUCTION. 8. SALE OR TRANSFER OF PROPERTY-MEANING AND EFFECT. 9. NOTICE TO OFFICER CONTENTS AND SUFFICIENCY-TIME OF GIVING PROOF. 10. CLAIMS OF MINERS-PREFERENCE OVER RENTS. 11. CLAIMS OF MINERS ASSIGNABLE-ASSIGNEE MAY ENFORCE. 12. QUARRYING OPERATIONS-LIEN FOR WAGES. 13. AMENDATORY ACT-PURPOSE AND EFFECT, 14. PROVISION REPEALED. 15. DUE BILL NOT A PAYMENT. 1. CONSTRUCTION OF ACT-CLAIMANT WITHIN PROVISIONS OF ACT. The act of April 9, 1872, is remedial, and although in derogation of the common law and in some sense against the common law it is entitled to a fair interpretation in advancement of the remedy provided. Hartman's Appeal, 107 Pa. St. 327, p. 334. This act gives a preferred lien for wages for persons employed in "any works, mines, manufactory, or other business where clerks, miners, or mechanics ar employed;" and the lien is given for the "labor and service rendered by any miner, mechanic, laborer, or clerk." The words "other business" refer to some business of the same kind and do not include persons employed in a hotel. Allen's Appeal, 811 Pa. St. (80 Starr) 302, p. 304. This act contemplates a business complete and independent of a fixed and permanent character as opposed to a temporary employment that is merely incidental to any particular branch of business. Wolf v. Krick, 3 Pa. Supr. Ct. Rep. 601, p. 606. It is incumbent upon a wage claimant in presenting his claim to bring himself within the terms of the statute and in a sale of the personal property of the employer he must connect his claim for wages with the property sold as contemplated by the statute. He must show that the property sold was used in and about, or was connected with, the business or employment in which his labor was expended and his wages earned. His notice to the sheriff or constable making the sale must assert the essentials of a valid claim and he must by proper averment show that the property embraced in the levy and against which a lien is claimed is subject to such lien and claim. Wolf v. Tillinghast, 3 Pa. Dist. Rep. 388, p. 389. 2. PURPOSE OF ACT-SECURING WAGES-FILING CLAIM. The purpose of section 1 of the act of April 9, 1872, is to give a miner a claim under certain limitations and conditions upon the purchase money arising from the sale of the mine or of the property of the mine operator. Hartman's Appeal, 107 Pa. St. 327, p. 334. See Reese v. Biddle, 112 Pa. St. 72, p. 80. Strichler v. Malley, 94 Pa. St. 314, p. 316. The purpose of the first section is to give a laborer a claim under stated limitations and conditions upon the purchase money arising from the sale of any works or mines no matter by what device the transfer may be effected and as the sale and transfer is of the mine, it is against the mine as the specific subject of sale that the lien attaches. Hartman's Appeal, 107 Pa. St. 327, p. 334. Under this act as well as under the act of June 3, 1887 (P. L. 337), wage claimants can not enforce their liens where they have not complied with the requirements of these acts in that they failed to file their claims in the prothonotary's office within three months after they become due. Brown's Estate, 152 Pa. St. 401, p. 405. 3. PERSONS ENTITLED TO CLAIM. This act gives the right of lien and priority in distribution to the following four classes of employees: Miners, mechanics, laborers, or clerks, who should be employed by owners, lessees, or contractors of any works, mines, manufactories or other businesses where clerks, miners, or mechanics are employed. The classes of employees were thus specifically defined by name and limited by the character of the business of the employer, and the provisions of the act are limited to the classes expressly named. Rees v. Hullings, 9 Pa. Supr. Ct. Rep. 265, p. 269. 64 By this act, before the amendments, the wages of laborers preferred were only those due to the beneficiaries named in the act from persons or chartered companies who employed miners, mechanics, or clerks," and unless due from such a person or chartered company in whose business miners, mechanics, or clerks were employed, laborers were excluded from any preference under the act. Periepi v. Frankenfield, 2 Delaware County Rep. 112. Shainline's Appeal, 2 Walker (Pa. Sup. Ct. Cases) 325, p. 327. Solms' Estate, In re, 13 Philadelphia 539, p. 540, 34 Leg. Intell. 169, 1 Chester County Rep. 115. Persons who work in obtaining mineral from the ground are mining and they are at the time miners within the meaning of this act. Taylor v. Smith, 1 Chester County Rep. 106. A person employed in running an engine in connection with mining operations is entitled to a preference under this act. Taylor v. Smith, 1 Chester County Rep. 106, p. 107. Under this act a person employed as a clerk is entitled to a preference for wages to the amount of $100. Jacoby's Appeal, 1 Walker (Pa. Sup. Ct. Cases) 346, p. 347. The claims of persons occupied a part of the time in mining and who are also employed in farm work can not be allowed a preference under this act where the time occupied in mining can not be separated from that employed in the farm work. Taylor v. Smith, 1 Chester County Rep. 106, p. 107. This act does not give a preference to clerks in stores, but applies only to persons employed in and about mines and manufactories. Jacoby's Appeal, 1 Walker (Pa. Sup. Ct. Cases) 346, p. 347. Solms' Estate, In re, 13 Phila. 539, p. 540; 34 Leg. Intell. 169; 1 Chester County Rep. 115. 4. LIEN-EXTENT AND LIMITATIONS. The third section of this act gives a lien under certain-named conditions, among others where execution is issued against the person or corporation, and the lien or preference mentioned in the first section extends to every property of such persons or corporation, whether used in carrying on the business or in connection therewith, and the lien extends to such property though in no way connected with the business of mining. Hartman's Appeal, 107 Pá. St. 327, p. 334. The lien provided for attaches at the date of and because of the sale or transfer, whether by execution or otherwise, and extends only to the specific works or mines in which the labor claimant was employed and to such other property of the employer as was used in carrying on the business in connection therewith. First Nat. Bank v. Scheffer, 149 Pa. St. 236, p. 227. The lien for wages given by the first section of this act is specific and extends only to the mine or business in which the wages have been earned and to the property used in carrying on the business. It does not extend to the general property of the mine operator or employer and arises only in case of a sale or transfer thereof not involving his insolvency. Wolf v. Tillinghast, 3 Pa. Dist. Rep. 388. A miner under this act may have a special lien upon the mine, mining fixtures, cars, mules, tools, or other property in and about the mine where he works. Wolf v. Tillinghast, 3 Pa. Dist. Rep. 388. See Strang v. Adams, 4 Pa. Dist. Rep. 212. The "other business" in this act means other businesses of like character with those specified. Jacoby's Appeal, 1 Walker (Pa. Sup. Ct. Cases) 346, p. 356. Shainline's Appeal, 2 Walker (Pa. Sup. Ct. Cases) 235, p. 327. Solms' Estate, In re, 13 Phila. 539, p. 540, 34 Leg. Intell. 169, 1 Chester County Rep. 115. 5. CONTRACTOR-APPLICATION OF ACT. The word "contractors" as used in this act is applicable only to persons employed by the owner or lessee of a mine to operate the same, to produce the mineral, coal, or iron, for an agreed compensation and does not embrace those who undertake to perform some special service in the construction of works, such as the opening of mines preparatory to operation. Gibbs & Sterrett Mfg. Co.'s Appeal, 100 Pa. St. 528. See Strang v. Adams, 4 Fa. Dist. Rep. 212, p. 214. A person who by special contract undertakes the drilling of oil wells and em ploys laborers in the prosecution of the work is not an employer or a con tractor within the perview of this statute, giving a preferred lien to the wages of certain classes of employees. Gibbs v. Sterrett Mfg. Co.'s Appeal, 100 Pa. St. 528. 6. LIEN UPON PARTNERSHIP PROPERTY. Where a lien under this act is sought to be enforced against the property of a firm or partnership the lien is extended to the property of the firm or of the employers jointly and not of the individuals constituting it and not to the private property of the individual members of the firm or partnership. Hartman's Appeal, 107 Pa. St. 327, p. 334. (1884.) Laborers' liens under this statute do not attach to the proceeds of a sale of partnership property for the individual debt of one of the parties as this passes his interest only. The lien must remain upon the partnership property until it is converted by a sale to entitle the laborers to come in upon the proceeds as partnership effects. Ward's Appeal, 811 Pa. St. (80*) 270, p. 273. 7. DEATH OR INSOLVENCY-PREFERENCE-CONSTRUCTION. Section 3 provides that in case of the death, insolvency, or assignment of any person or company engaged in any of the operations mentioned in section 1, or of an execution issued against such person, the lien given is extended to all the property of such person or corporation. The distinction between this section and section 1 turns on the matter of death or insolvency. The lien given by section 1 attached upon any sale or transfer before death and not involving the insolvency of the employer. The preference given by section 3 springs out of such death or insolvency. The execution named in section 1 is such as may be made the instrument of sale, while the execution of section 3 is issued against the employer and any execution by levy and sale may be regarded as denoting insolvency. When the condition named in section 3 exists, the lien which was before limited and special now becomes unlimited and general and extends to any property of the employer. In this latter case the notice to the sheriff need not connect the property levied upon with the special employment in which the wages claimed were earned. Wolf v. Tillinghast, 3 Pa. Dist. Rep. 388, p. 389. 8. SALE OR TRANSFER OF PROPERTY-MEANING AND EFFECT, By a sale or transfer preceding the death or insolvency of an employer as used in this act, is meant any sale or transfer during his lifetime and solvency. The lien created by the act attaches because of the transfer and takes effect at the date of the transfer no matter in what it may be effected, whether by execution or otherwise during the lifetime and solvency of the employer. The lien is specific, being upon the mine and other property in and about or used in carrying on the business or in connection therewith, and must be first paid out of the proceeds of the sale. Hartman's Appeal, 107 Pa. St. 327, p. 334. Within certain restriction and limitations the claim for wages is made lien on a fund procured by the sale and is thus preferred in the distribution thereof. It attaches immediately upon the sale and not before, and as a preferred lien upon the proceeds it is payable therefrom. First Nat. Bank v. Scheffer, 149 Pa. St. 236, p. 237. |