School attendance required. High school. Necessary ployment during time. Age limit. Employment of children-School attendance. (Page 4775.) SECTION 153. Every parent, guardian or other person having control of a child between the ages of seven and seventeen years inclusive shall cause such child to regularly attend a day school in which at least the common-school branches of reading, writing, arithmetic, spelling, English grammar and geography are taught by a competent teacher, or receive equivalent instruction elsewhere than at school, unless such child is above the age of fifteen years and has completed the grammar-school course (prescribed by the state board of education), and in addition thereto is regularly and lawfully employed in some useful occupation or service. Such regular attendance shall be during all the days and hours that the public schools are in session in the school district in which the child resides, unless it shall be shown to the satisfaction of the board of education of the school district in which such child resides, that the bodily or mental condition of such child is such as to prevent his or her attendance at school. If such child be under the age of seventeen years and has completed the grammar-school course and is not regularly and lawfully employed in any useful occupation or service, such child shall attend the high school or manual-training school in said school district in which such child resides, if there is a high school or manual-training school in said district; if there is no high school or manual-training school in said school district, said child shall be transported to a high school or manual-training school as provided in the act to which this is an amendment. Any child above the age of fourteen years who submits satisfactory evidence to the board of education of the school district in em- which such child resides, that it is necessary that such child should be employed in some occupation or service, may be granted by said board of education a certificate exempting him or her from the provisions of this section, such exemption to continue so long as said child shall be regularly employed as aforesaid. Hours of labor. ACTS OF 1911. CHAPTER 136.-Mercantile establishments-Employment of children- Employment SECTION 1. No child under the age of fourteen years shall be em- Night work. Enforcement. Registers. SEC. 3. It shall be the duty of the commissioner of labor, the assistant commissioner, or the inspectors of the department of labor, or truant officers or other person empowered by law, to compel the attendance of children at school, and they shall have power to investigate and inspect all mercantile establishments coming under the intent and provisions of this act. SEC. 4. A corporation, firm or person owning or operating a place or places coming under the provisions of this act, and employing, allowing or permitting children actually or apparently under sixteen years of age to work therein, shall keep or cause to be kept in the main office of such place in the town or city in which such place is located, a register or record in which shall be recorded the name, place of residence and time of employment of all such minors employed therein, together with a transcript of the record of birth of such minors duly attested by an officer having by law the authority to keep records of birth in the State, county or city in which such child was born; if no such birth certificate can be obtained, and the child was baptized, then a certified copy of the baptismal record of the church or parish in which such baptism took place, duly certified as a true copy under the hand of the person having the custody of such church or parish records, which shall set forth the age of the child at the time of baptism. In the case of foreign-born children, the same transcript of the record of the birth or baptismal certificate shall be required as is required of a native-born child, in addition to the passport under which such child was admitted to this country, or a true copy of the same. The commissioner of labor shall have power to issue permits of employment to children, upon the production of evidence of the child's age, satisfactory to the commissioner: Provided, That he shall first be satisfied that the child cannot obtain a transcript of the birth record or passport or a baptismal certificate as above provided; such registers, certificates and transcripts shall be produced for inspection upon demand of the commissioner, assistant, or any of the inspectors, or any truant officer or other person empowered by law to compel the attendance of children at school; any corporation, firm or person failing to keep such registers, or refusing to permit the persons herein, authorized to inspect the same, or the certificates, transcripts and passports, shall be liable to a penalty of fifty dollars for each offense. SEC. 5. Anyone who shall swear falsely to any affidavit or present any certificate or passport which he or she knows to be false, and any person or persons who shall aid, assist or advise the making of a false affidavit or the obtaining of a false certificate or passport, shall be liable to a penalty of fifty dollars for each offense. SEC. 6. The commissioner of labor, his assistant, or any inspector, or truant officer, or other person empowered by law to compel the attendance of children at school, is hereby empowered to enter into and inspect at any reasonable time and without notice or request for permission all mercantile establishments coming under the provisions of this act and to demand of any parent, custodian or guardian proof of the age of the child satisfactory to the commissioner, and such parent, parents, custodian or guardians shall, within five days after such de mand is made, furnish to such officer proof of such child's age; and in the event of the failure to procure and furnish such proof of age, such child shall be discharged by his or her employer upon notice in writing, signed by the commissioner, and shall not be reemployed until such proof of age shall have been furnished to the commissioner. Water closets, SEC. 9. Every mercantile establishment shall contain sufficient, suitable, convenient and separate water-closets for each sex, which etc. shall be properly screened, ventilated and kept clean; and also, if ordered by the commissioner of labor, a suitable and convenient wash room; the water-closets used by women shall have separate approaches; if women or girls are employed, a dressing-room shall be provided for them when ordered by the commissioner. CHAPTER 363.-Employment of children-Messenger service. hibited. SECTION 1. No person under the age of twenty-one years in cities of Night work prothe first class, and no person under the age of eighteen years in other municipalities, shall be employed or permitted to work as a messenger for or by any telegraph, telephone or messenger corporation, firm or person owning, engaged in or operating the business of distributing, transmitting or delivering goods or messages or in the performance of other service, before five o'clock in the morning or after ten o'clock in the evening of any day: Provided, That the commissioner of labor shall have the power to grant permits under extraordinary circumstances for the delivery of telegrams or telephone messages between the hours of ten p. m. and five a. m. Violations. Enforcement. Payment to minors when. SEC. 2. Any such corporation, firm or person engaged in or operating the business of distributing, transmitting or delivering goods or messages as aforesaid, who shall violate any of the provisions of this act, shall be liable to a penalty of one hundred dollars for each offense, to be sued for in an action of debt, for the use of the State as hereinafter provided. Any repetition or repetitions thereof shall each constitute a separate offense. SEC. 3. It shall be the duty of the commissioner of labor and his authorized deputies to enforce the provisions of this act, and to examine and inspect, at reasonable intervals, the business and practice of all telegraph, telephone or messenger corporations, firms and persons owning, engaged in or operating the business of distributing, transmitting or delivering goods or messages or in the performance of other service for the purpose of enforcing the provisions of this act. NEW YORK. CONSOLIDATED LAWS-1909. CHAPTER 14.-Earnings of minors. SECTION 72. Where a minor is in the employment of a person other valid, than his parent or guardian, payment to such minor of his wages is valid, unless such parent or guardian notify the employer in writing, within thirty days after the commencement of such service, that such wages are claimed by such parent or guardian, but whenever such notice is given at any time payments to the minor shall not be valid for services rendered thereafter. School attendance required. Attendance on night schools CHAPTER 16. (as amended by chapter 140, Acts of 1910).—Employment of children-School attendance. SECTION 621. 1. Every child within the compulsory school ages, in proper physical and mental condition to attend school, residing in a city or school district having a population of five thousand or more and employing a superintendent of schools, shall regularly attend upon instruction as follows: (a) Each child between seven and fourteen years of age shall attend the entire time during which the school attended is in session, which period shall not be less than one hundred and sixty days of actual school. (b) Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and to whom an employment certificate has not been duly issued under the provisions of the labor law, shall so attend the entire time during which the school attended is in session. 2. Every such child, residing elsewhere than in a city or school district having a population of five thousand or more and employing a superintendent of schools, shall attend upon instruction as many days annually between the first day of October and the following June as the public school of the district in which such child resides, shall be in session during such period, as follows: (a) Each child between eight and fourteen years of age. (b) Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service. SEC. 622. Every boy between fourteen and sixteen years of age, in a city of the first class or a city of the second class in possession of an employment certificate duly issued under the provisions of the labor law, who has not completed such course of study as is required for graduation from the elementary public schools of such city, and who does not hold either a certificate of graduation from the public elementary school or the preacademic certificate issued by the Regents or the certificate of the completion of an elementary course issued by by the education department, shall attend the public evening schools of such city, or other evening schools offering an equivalent course of instruction, for not less than six hours each week, for a period of not less than sixteen weeks or upon a trade school a period of eight hours per week for sixteen weeks in each school or calendar year. SEC. 624. Every person in parental relation to a child within the Attendance of compulsory school ages and in proper physical and mental condition children under 16. to attend school, shall cause such child to attend upon instruction, as follows: 1. In cities and school districts having a population of five thousand or above, every child between seven and sixteen years of age as required by section six hundred and twenty-one of this act unless an employment certificate shall have been duly issued to such child under the provisions of the labor law and he is regularly employed thereunder. 2. Elsewhere than in a city or school district having a population of five thousand or above, every child between eight and sixteen years of age, unless such child shall have received an employment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages, or unless such child shall have received the school record certificate issued under section six hundred and thirty of this act and is regularly employed elsewhere than in the factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. SEC. 625. A violation of section six hundred and twenty-four shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars, or five days' imprisonment, and for each subsequent offense by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. Courts of special session[s] and police magistrates shall, subject to removal as provided in sections fifty-seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations of this section within their respective jurisdictions. Violations. Unlawful em SEC. 626. It shall be unlawful for any person, firm or corporation: 1. To employe [employ] any child under fourteen years of age, in ployments. any business or service whatever, for any part of the term during which the public schools of the district or city in which the child resides are in session. 2. To employ, elsewhere than in a city of the first class or a city of the second class, in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages, any child between fourteen and sixteen years of age who does not at the time of such employment present an employment certificate duly issued under the provisions of the labor law, or to employ any such child in any other capacity who does not at the time of such employment present a school record certificate as provided in section six hundred and thirty of this chapter. 3. To employ any child between fourteen and sixteen years of age in a city of the first class or a city of the second class who does not, at the time of such employment, present an employment certificate, duly issued under the provisions of the labor law. Certificates to be SEC. 627. The employer of any child between fourteen and sixteen years of age in a city of the first class or a city of the second class shall on file. keep and shall display in the place where such child is employed, the employment certificate and also his evening school certificate issued by the school authorities of said city or by an authorized representative of such school authorities, certifying that the said boy is regularly in attendance at an evening school of said city as provided in section six hundred and thirty-one of this chapter. SEC. 628. Any person, firm, or corporation, or any officer, manager, superintendent or employee acting therefor, who shall employ any child contrary to the provisions of section six hundred and twenty-six hereof, shall be guilty of a misdemeanor, and the punishment therefor shall be for the first offense a fine of not less than twenty dollars nor more than fifty dollars; for a second, and each subsequent offense, a fine of not less than fifty dollars nor more than two hundred dollars. SEC. 629. An accurate record of the attendance of all children between seven and sixteen years of age shall be kept by the teacher of every school, showing each day by the year, month, day of the month Violations. School records. Contents of certificates. Who may issue. Certificate of at ing school. and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction any such child shall attend elsewhere than at school, shall keep a like record of such attendance. Such record shall, at all times, be open to the attendance officers or other person duly authorized by the school authorities of the city or district, who may inspect or copy the same; and every such teacher shall fully answer all inquiries lawfully made by such authorities, inspectors, or other persons, and a willful neglect or refusal so to answer any such inquiry shall be a misdemeanor. SEC. 630. 1. A school record certificate shall contain a statement certifying that a child has regularly attended the public schools, or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday or during the twelve months next preceding his application for such school record, and that he is able to read and write simple sentences in the English language, and has received during such period instruction in reading, writing, spelling, English grammar and geography, and is familiar with the fundamental operations of arithmetic up to to and including fractions. Such record shall also give the date of birth and residence of the child as shown on the school records, and the name of the child's parents, guardian or custodian. 2. A teacher or superintendent to whom application shall be made for a school record certificate required under the provisions of the labor law shall issue a school record certificate to any child who, after due investigation and examination, may be found to be entitled to the same as follows: a. In a city of the first class by the principal or chief executive of a school. b. In all other cities and in school districts having a population of five thousand or more and employing a superintendent of schools, by the superintendent of schools only. c. In all other school districts by the principal teacher of the school. d. In each city or school district such certificate shall be furnished on demand to a child entitled thereto or to the board or commissioner of health. SEC. 631. The school authorities of a city of the first class or a city tendance at even- of the second class, or officers designated by them, are hereby required to issue to a boy lawfully in attendance at an evening school, an evening school certificate at least once in each month during the months said evening school is in session and at the close of the term of said evening school, provided that said boy has been in attendance upon said evening school for not less than six hours each week for such number of weeks as will, when taken in connection with the number of weeks such evening school shall be in session during the remainder of the current or calendar year, make up a total attendance on the part of said boy in said evening school of not less than six hours per week for a period of not less than sixteen weeks or attendance upon a trade school for at least eight hours per week for not less than sixteen weeks. Such certificate shall state fully the period of time which the boy to whom it is issued was in attendance upon such evening school or trade school. SEC. 633. * * * Powers of truant officers. Interference cer. 3. A truant officer in the performance of his duties may enter, during business hours, any factory, mercantile or other establishment within the city or school district in which he is appointed and shall be entitled to examine employment certificates or registry of children employed therein on demand. SEC. 634. Any person interfering with an attendance officer in the with truant offi- lawful discharge of his duties and any person owning or operating a factory, mercantile or other establishment who shall refuse on demand to exhibit to such attendance officer the registry of the children employed or the employment certificate of such children shall be guilty of a misdemeanor. Seats to be provided. CHAPTER 31.-Seats for female employees. SECTION 17. Every person employing females in a factory or as waitresses in a hotel or restaurant shall provide and maintain suitable |