Laborer

One who performs manual labor, 10 Am. & Eng. R. R. Gas. 642, not re- A contractor is not (6 Am. & Eng. R. R. Cas. 619), nor is an architect who merely provides plans (90 Pa. St. 47); but one who directs the work is (35 Pa. St. 42). Clerks, bookkeepers, traveling salesmen, etc., are not. 44 111. App. 338, 341. See Sfervant.

One who, as a means of livelihood, performs work and labor for those who employ him. Oliver v. Macon Hardware Co., 98 Ga. 249, 25 S. B. 403, 58 Am. St. Rep. 300; Blanchard v. Railway Co.., 87 Me. 241, 32 Atl. 890; In re Ho King (D. C.) 14 Fed. 725; Coffin v. Reynolds, 37 N. Y. 646 ; Weymouth v. Sanborn, 43 N. H. 171, 80 Am. Dec. 144; Epps v. Epps, 17 111. App. 201. In English statutes, this term is generally understood to designate a servant employed in husbandry or manufactures, and not dwelling in the home of his employer. Wharton; Mozley & Whitley. A laborer, as the word is used in the Pennsylvania act of 1872, giving a certain preference of lien, is one who performs, with hls own hands, the contract which he makes with his employer. Appeal of Wen troth, 82 Pa. 469.

— Laborers, statutes of. In English iaw. These are the statutes 23 Edw. III., 12 Rich. 11., 5 Eliz. c. 4, and 26 & 27 Viet. c. 125', making various regulations as to laborers, servants, apprentices, etc.

A person who gains a living

In English statutes, this term is generally understood to designate a servant employed in husbandry or manufactures, and not dwelling in the home of his employer. Numerous statutory regulations for this class of persons have long existed in England, known as laborers' statutes. Wharton; Mozley & W. In several of the states, laws exist giving laborers, eo nomine, a lien, or priority, or special remedy or security, for their wages; and, under these, several decisions have arisen as to what persons are included in the term. A laborer, as the word is used in the Pennsylvania act of 1872, giving a certain preference of lien, is one who performs, with his own hands, the contract which he makes with his employer. Wertroth's Appeal, 82 Pa. St. 469. Laborer includes not only those who perform labor with their own hands, but those who do so by the hands of another. Warner v. Hudson River R. R. Co., 5 How. Pr. 454. A consulting engineer is not a "laborer or operative," within a charter rendering stockholders individually liable to such servants. Ericsson v. Brown, 38 Barb. 390. Laborer does not include contractor. Aikin v. Wasson, 24 N. Y. 481. Laborer, as used in the Pennsylvania lien law of 1872, does not include a hotel cook. Sullivan's Appeal, 77 Pa. St. 107. A statute giving a preference to laborers and workmen employed on railroads for payment of wages, over any mortgage created by the company, does not extend to a civil engineer. The terms do not embrace persons engaged in the learned professions, but rather such as gain a livelihood by manual toil; those who depend on hand work, not on head work. They have always been construed, when found in such statutes, to mean persons who are dependent on manual labor for subsistence, and who cannot protect themselves. Pennsylvania, &c. R. R. Co. v. Leuffer, 84 Pa. St. 168.