Pennsylvania Act 1872-40 — WAGE PREFERENCE LAW

Act text

WAGE PREFERENCE LAW
                   Act of Apr. 9, 1872, P.L. 47, No. 40               Cl. 43
                                  AN ACT

     For the better protection of the wages of mechanics, miners,
        laborers and others.

        Section 1.  Claim for wages a lien
        All moneys that may be due or hereafter become due for labor
     and services rendered by any miner or mechanic, servant girl at
     hotels, boarding houses, restaurants, or in private families, or
     any other servant and helper in and about said houses of
     entertainment and private families, porter, hostler or any other
     person employed in and about livery stables or hotels,
     laundryman or washer woman, seamster or seamstress employed by
     merchant tailors or by any other person, milliner, dressmaker,
     clothier, shirtmaker or clerk employed in stores or elsewhere,
     hand laborer, including farm laborer or any other kind of
     laborer, printer, apprentice, and all other tradesmen hired for
     wages or salary from any person or persons, chartered company,
     joint-stock company, limited partnership or other partnership,
     either as owner, lessee, contractor or underowner whether at so
     much per diem or otherwise, for any period not exceeding six
     months preceding the sale or transfer of the real or personal
     property, works, mines, manufactories or business or other
     property connected therewith in carrying on the sale of said
     person or persons, chartered company, joint-stock company,
     limited partnership or other partnership, by execution or
     otherwise, on account of the death or insolvency of such
     employer or employers, shall be a lien upon said real or
     personal property, 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 such
     employer or employers in said property, and shall be preferred
     and first paid out of the proceeds of the sale of such real and
     personal property, mine, manufactory, business or other property
     as aforesaid: Provided however, That the claim 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.  1872, April 9,
     P.L. 47, Sec. 1; 1883, June 13, P.L. 116, Sec. 1; 1887, June 3,
     P.L. 337; 1891, May 12, P.L. 54, Sec. 1.
        Section 2.  Notice of claim in general
        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. 1872, April 9, P.L. 47, Sec. 2.
        Section 3.  Preference in cases of death, insolvency, or
     assignment
        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.  1872, April 9,
     P.L. 47, Sec. 3.
        Section 4.  Priority of lien over other liens
        No mortgage, or other instrument by which a lien is hereafter
     credited, 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 of
     mortgage or judgment entered before such labor is performed,
     shall be effected or impaired thereby.  1872, April 9, P.L. 47,
     Sec. 4.