9. NOTICE TO OFFICER-CONTENTS AND SUFFICIENCY-TIME OF GIVING-PROOF. The notice required to be given the officer under section 2 of this statute must be in writing and must be given to him before the actual sale on judicial process. The notice should set forth such facts as make a case within the statute so that the officer and interested persons may know that the labor was done within the time limited, within a business defined in the act, the sum due, and that the property subject to the lien is embraced in the levy. Allison v. Johnson, 92 Pa. St. 314, p. 316. Stichler v. Malley, 94 Pa. St. 82, p. 84. Construing this act together with the supplementary act of June 12, 1878 (P. L. 207), the notice required should be given to the sheriff. It might properly be given to the landlord where he is proceeding by warrant of distress for the collection of rent, but for any claims for wages of mechanics or miners employed in or about mines the notice should be given to the sheriff. Riddleburg Coal & Iron Company's Appeal, 114 Pa. St. 58, p. 65. Section 2 of this act expressly requires that notice in writing of the claim shall be given to the officer executing the writ and the facts which entitle the claimant to a preference must be stated in the notice. Livingood's Appeal, 2 Sadler (Pa. Sup. Ct.) 323, p. 326. Pepper's Appeal, 2 Pennypacker (Pa. Sup. Ct.) 114, p. 116. Nimick & Co. v. Kemble Coal & Iron Co., 2 Pa. County Ct. Rep. 197, p. 202. The notice given by a claimant should state facts so that the officer and interested persons may know that the labor was done within the proper time, in a business named by the statute, the amount due, and that the property on which a levy has been made is subject to the lien. Livingood's Appeal, 2 Sadler (Pa. Sup. Ct.) 323, p. 326. Pepper's Appeal, 2 Pennypacker (Pa. Sup. Ct.) 114, p. 116. Nimick & Co. v. Kemble Coal & Iron Co., 2 Pa. County Ct. Rep. 197, p. 202. See Allison v. Johnson, 92 Pa. St. 314. The duty of proving that the proper notice was given to the officer before the sale of the property rests upon those claiming the lien. Stichler v. Malley, 94 Pa. St. 82, pl. 84. See Allison v. Johnson, 92 Pa. St. 314, p. 316. 10. CLAIMS OF MINERS-PREFERENCE OVER RENTS. Under the act of June 16, 1836, rent for the premises in controversy was a claim preferred to the claims of laborers or miners and must be first paid out of the proceeds of the sale of the premises; but it was competent for the legislature to give wages the preference over rent, and this it did by this act. Riddleburg Coal & Iron Company's Appeal, 114 Pa. St. 58, p. 65. The act of June 12, 1878, in connection with the act of April 9, 1872, of which 11. CLAIMS OF MINERS ASSIGNABLE-ASSIGNEE MAY ENFORCE. The claims of laborers and miners under the act of June 12, 1878, as well as under the act of April 9, 1872, of which this act is amendatory, and under the original act of June 16, 1836, are assignable and the assignee may enforce the same to the same extent and in the same manner as an assignor. Riddleburg Coal & Iron Company's Appeal, 114 Pa. St. 58, p. 65. If a miner was not permitted to pledge his claim given him by this statute with its right of preference, he might be unable to procure the means of subsistence, and there is nothing in the statute which prohibits a miner from assigning his claim for wages or which prohibits the assignee of a miner's claim from having the same preference which the act gives to the miner himself. Hazelton Iron Co. v. Woodside Coal Co., 11 Pa. Dist. Rep. 265, p. 266, An assignee of the claim of a miner is entitled to the miner's preference. Hazelton Iron Co. v. Woodside Coal Co., 11 Pa. Dist. Rep. 265, p. 266, The assignee of a miner's claim for wages is entitled to the same rights as the miner himself, and all claims for labor assigned and unassigned must share pro rata in the distribution of the fund arising from the sale of property Hazleton Iron Co. v. Woodside Coal Co., 11 Pa. Dist. Rep. 265, p. 268. 12. QUARRYING OPERATIONS-LIEN FOR WAGES. A preference for wages of persons employed in quarrying stone is in accordance with the true intention and meaning of this act. Periepi v. Frankenfield, 2 Delaware County Rep. 112, p. 113. 18. AMENDATORY ACT-PURPOSE AND EFFECT. This act was amended by the act of May 12, 1891 (P. L. 54), but the amendment does not change the character of the lien for wages, but only extends the classes of wage claimants. The lien is still limited to the particular property, mine, or business of the employer, or other property used in carrying on the business or in connection therewith. Wolf v. Tillinghast, 3 Pa. Dist. Rep. 388. See Strang v. Adams, 4 Pa. Dist. Rep. 212. 14. PROVISION REPEALED. The third provision of section 1 of this act was repealed by the supplementary act of May 8, 1874. Brown's Estate, 152 Pa. St. 401, p. 403. 15. DUE BILL NOT A PAYMENT. Due bills issued to miners on account of or in settlement for work done, are presumed to be taken merely as collateral to, and do not extinguish the miners' claims for wages. Wolf & McLean's Appeal, 1 Walker (Pa. Sup. Ct. Cases) 451, p. 452. MINERS' WAGES-FILING LIEN-FIRST SUPPLEMENT. LAWS 1874, P. 120. MAY 8, 1874. A SUPPLEMENT to an act for the better protection of the wages of mechanics, miners, laborers, and others, approved April 9, 1872. (Amended. See p. 386.) SEC. 1. Be it enacted, etc.: That the proviso to the fourth section of an act, entitled "An act, etc. (same as in title), shall not hereafter be so construed as to in any manner apply to coal-lease mortgage or mortgages, or to make the same a lien preferred to the lien of the wages of labor mentioned in said act, but that such claim of wages shall be a lien preferred thereto. SEC. 2. That the last proviso of the first section of said act, which is as follows: "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," be and the same is hereby repealed. SEC. 3. That all acts or parts of acts inconsistent herewith are hereby repealed. ANNOTATIONS. MINERS' WAGES. 1. REPEALING PROVISIONS. 2. PROVISIONS REENACTED. 1. REPEALING PROVISIONS. The act of May 8, 1874 (P. L. 120), was intended to repeal the third provision to the act of April 9, 1872 (P. L. 47). . Brown's Estate, 152 Pa. St. 401, p. 404. 2. PROVISIONS REENACTED. This act repealing the third proviso to the first section of the Act of April 9, 1872, was itself repealed by the Act of June 3, 1887. This latter act reinstates the proviso requiring wage liens to be filed in the office of the prothonotary. Brown's Estate, 152, Pa. St. 401, p. 405. PREFERRED CLAIMS-SECOND SUPPLEMENT. LAWS 1878, P. 207. JUNE 12, 1878. A FURTHER SUPPLEMENT to an act, entitled "An act for the better protection of the wages of mechanics, miners, laborers, and others," passed the 9th day of April, A. D. 1872. SEC. 1. Be it enacted, etc.: That it is the true intent and meaning of the provisions of the act of assembly, entitled "An act for the better protection of the wages of mechanics, miners, laborers and others," passed the 9th day of April, A. D. 1872, that the several classes of laborers in said act mentioned shall have a preference over landlords in all claims for rent of any mines, manufacturies, or other real estate held under lease, where the lessee or lessees are the parties employing the miners, mechanics, laborers or clerks: Provided, That any person or persons claiming a preference as above provided shall give notice of the nature and amount of his claim to the landlord or his bailiff before the actual sale of the property levied upon. ANNOTATIONS. MINERS' WAGES-PREFERENCE. 1. WAGE CLAIMS-PRIORITY. 2. NOTICE TO OFFICERS. 1. WAGE CLAIMS-PRIORITY. This act makes the claim for wages superior to the claims of landlords. 2. NOTICE TO OFFICER. This act provides for notice when the landlord himself, or by a bailiff, executes a landlord's warrant. The act of April 9, 1872, contains no such provi sion. This act does not affect the act of 1872, requiring notice to a sheriff. Nimick & Co. v. Kemble Coal & Iron Co., 2 Pa. County Ct. Rep. 197, p. 202. EMPLOYEES INCLUDED-THIRD SUPPLEMENT. LAWS 1883, P. 116. JUNE 13, 1883. AN ACT to amend the first section of an act, entitled "An act for the better protection of the wages of mechanics, miners, laborers and others," approved April 9, 1872, amending said act so that wages of servant girls, washerwomen, clerks, and others shall be preferred and first paid out of the proceeds of the sale of the property of insolvent debtors owing wages to such servants or employes. SEC. 1. Be it enacted, etc.: That so much of section one of an act, entitled "An act for the better protection of the wages of mechanics, laborers and others," approved April 9, 1872, which reads as follows: (here follows the original sec. 1, see page 376), be and the same is hereby amended to read as follows: That all moneys that may be due, or hereafter become due for labor and services rendered by any miner, mechanic, laborer or clerk, servant girls at hotels, boarding houses, restaurants, or in private families or other servants and helpers in and about said houses of entertainment, and private houses, porters, hostlers, all persons employed in and about livery stables, laundrymen and washerwomen, seamsters, and seamstresses employed by merchant tailors, milliners, dressmakers, clothiers, shirt manufacturers, and clerks employed in stores, hands, laborers, mechanics, printers, apprentices, hired for wages or salary, from any person or persons or chartered company employing clerks, miners, mechanics or laborers either as owners, lessees, contractors, or underowners 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 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. ANNOTATIONS. LIENS. 1. CLASS OF LIEN CLAIMANTS EXTENDED. 2. ALL WAGES PREFERRED. 3. LABORERS IN QUARRIES INCLUDED. 1. CLASS OF LIEN CLAIMANTS EXTENDED. This act simply extends the class of employee given a lien under the act of April 9, 1872. Wolf v. Krick, 3 Pa. Supr. Ct. Rep. 601, p. 604. Rees v. Hullings, 9 Pa. Supr. Ct. Rep. 265, p. 269. See Sullivan's Appeal, 77 Pa. St. 107. 2. ALL WAGES PREFERRED. The wages to be preferred and paid out of the proceeds of the sale of the property of an insolvent debtor includes all wages, whether at so much per diem or otherwise. Jones v. Susquehanna Coal Co., 1 Pa. Supr. Ct. Rep. 331, p. 337. 3. LABORERS IN QUARRIES INCLUDED. This act extends the act of April 9, 1872 (P. L. 47), to additional beneficiaries and is intended to and does include laborers in a stone quarry, and such laborers under this act are entitled to a preference for wages. Shainline's Appeal, 2 Walker (Pa. Sup. Ct. Cases) 325, p. 327. The declared intention of this act is general and that preferred wages "shall be first paid out of the proceeds of the sale of the property of insolvent debtors" without reference to the description of their operations in business. Building stones are minerals, and excavations for building stone are generally distinguished from metallic mines by being called “quarries," and it is not an abuse or perversion of language to include them in that designation in the construction of this statute. Periepi v. Frankenfield, 2 Delaware County Rep. 112, p. 113. Claims of laborers in a quarry may rest on the ground that they were employed in a business of permanent nature carried on extensively by a large number of laborers and that they were actually miners" if the extensive application of that term be adopted. 44 Periepi v. Frankenfield, 2 Delaware County Rep. 112, p. 114. The claimants of wages earned by their labor in quarrying stone are, under the provisions of this act, entitled to be preferred. Periepi v. Frankenfield, 2 Delaware County Rep. 112, p. 114. 125672°-20-25 |