
    Augustus Schieck, Appellant, v. Hannah Herzog, Respondent.
    (New York Common Pleas—General Term,
    March, 1894.)
    A dismissal of the complaint in an action brought by a plumber for work ' and materials, on the ground that the plaintiff had not procured a certificate, as required by the act of 1892, is erroneous where the work sued for was performed after the passage of the amendatory act of 1893, and before the expiration of the time within which such certificate could be procured under the latter act.
    Appeal from a judgment of the justice of the Ninth District Court, dismissing the complaint.,
    Action to recover for work and materials done and furnished by a plumber. The work was performed and materials furnished in June, 1893.
    
      
      A. McDonald, for appellant.
    
      G. L. Cohn, for respondent.
   Per Curiam.

The action was by a plumber for vrork and materials, for which a balance of fifty-four dollars and eighty-six cents was claimed. There was a general denial and a counterclaim of eighteen dollars and seventy-five cents. The justice dismissed the complaint on the ground that the plaintiff had not complied with the provisions of section 5 of chapter 602 of the Laws of 1892, which prescribes an official examination of all ])ersons about to engage in the plumbers’ trade, and the obtaining by them of a certificate of competency from the hoard created by the act, and declares that after March 1, 1893, it shall not he lawful to engage in the business of plumbing before first obtaining such certificate, and registering as a licensed plumber.

It appears, however, that the statute in question was amended by chapter 66 of the Laws of 1893, by which the limitation of time to obtain the certificate was extended to September 1,1893. The amendatory act was passed February 28,1893, and the work sued for was done between the two last-named dates, during which period there was no prohibitory statute.

The judgment must be reversed.

Present: Daly, Oh. L, Bisohoff and Pryor, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.  