school, or by such superintendent's, secretary's, or principal's duly appointed deputy or assistant reciting the age of said boy as it appears on any record that the person who issues said certificate has reason to believe to be true and correct, or, if such record of age be lacking, reciting the age of said boy according to an affidavit taken by his parent, guardian, or custodian, and attached to said certificate, and said certificate and the affidavit, if any, shall for the purposes of this act be conclusive evidence of the age of said boy. Nothing in this section shall be held to forbid the employment of a girl between the ages of fourteen and sixteen years in the office of a mine: Provided, That, during the entire period of said employment, there is in like manner on file for said girl, in said office, an employment certificate of the character hereinbefore provided for as a prerequisite to the employment of boys under the age of sixteen years inside any mine. Girls in offices. and foreman. SEC. 2. Any superintendent or mine foreman who fails to comply Noncompliance with the provisions of this article shall be deemed guilty of a misde- by superintendent meanor, and it shall be the duty of the inspector, or any other person who knows that the superintendent or mine foreman has violated any of the provisions of this article, to prosecute said superintendent or said mine foreman in accordance with section two of article twentysix of this act; and any person who shall falsely certify or swear to the age of any boy or girl, in the certificate and affidavit described and cate. required by section one of this article, shall be deemed guilty of a misdemeanor. PORTO RICO. REVISED STATUTES AND CODES-1902. REVISED STATUTES. Employment of children. SECTION 166. No child of either sex, under sixteen years shall be compelled to work in agricultural factories and manufacturing establishments over six hours per day, three in the morning and three in the afternoon. All persons who shall violate this provision shall be fined in a sum of from five to fifteen dollars, or imprisonment not to exceed thirty days for each offense. False certifi labor. SEC. 167. No foreman, teacher or other person having under his Compulsion to charge the work, care or education of a minor under sixteen years of age, shall resort to inhumane treatment to compel such minor to work or to study. Any violation of the provisions hereof shall be punished with a fine of from five to fifteen dollars or imprisonment not to exceed thirty days for each offense. PENAL CODE. Employment of children-Certain employments forbidden. SECTION 265. Any person, whether as parent, relative, guardian, Begging employer or otherwise, having in his care, custody, or control any peddling. child under the age of twelve years, who shall sell, apprentice, give away, let out, or otherwise dispose of any such child to any person, under any name, title, or pretense, for the vocation, use, occupation, calling, [or] service of begging, or peddling, in any public street or highway, or in any mendicant or wandering business whatsoever, and any person who shall take, receive, hire, or employ, use, or have in custody any child for such purposes, or either of them, is guilty of a misdemeanor. CIVIL CODE. Usufruct when. and be SECTION 225. Property acquired by an unemancipated child by labor or industry, or for any valuable consideration, belongs to the longs to parents, said child, but the usufruct thereof belongs to the parents having potestas over him whilst he lives in their company; but if the child, School attendance required. Enforcement. Age limit. Night work. Certificates. with the consent of his parents, lives independently, he shall be deemed emancipated for all effects as regards the said property, and he shall be the full owner and have the usufruct and administration thereof. RHODE ISLAND. GENERAL LAWS-1909. CHAPTER 72.-Employment of children-School attendance. SECTION 1. Every child who has completed seven years of life and has not completed fifteen years of life, unless he has completed in the public schools the elementary studies taught in the first eight years of school attendance, exclusive of kindergarten instruction, provided for in the course of study adopted by the school committee of the city or town wherein such child resides, or unless he shall have completed fourteen years of life and shall be lawfully employed at labor or at service or engaged in business, shall regularly attend some public day-school during all the days and hours that the public schools are in session in the city or town, wherein he resides; and every person having under his control a child as above described in this section, shall cause such child to attend school as required by the above-stated provisions of this section, and for every neglect of such duty the person having control of such child shall be fined not exceeding twenty dollars: * * * SEC. 4. The truant officers may visit any places or establishments where such minor children as are described in the preceding sections of this chapter are employed, to ascertain whether the provisions of this chapter are duly complied with, and may as often as twice in every year demand from all employers of such children a report containing the names of all children who have not completed sixteen years of life that are employed by them, such report to give the names, ages, and residences of all such children; and all employers of such children shall, upon request, produce for the inspection of the truant officer the certificates prescribed in chapter seventy-eight; and for any refusal to make such reports as are above provided for, or for any refusal to produce the above-mentioned certificates, any employer of such children shall be fined not exceeding ten dollars. CHAPTER 78.-Employment of children-General provisions. SECTION 1 (as amended by chapter 533, Acts of 1910). No child under fourteen years of age shall be employed or permitted or suffered to work in any factory, manufacturing or business establishment within this State, and no child under sixteen years of age shall be employed or permitted or suffered to work in any factory or manufacturing or business establishment within this State between the hours of eight o'clock in the afternoon of any day and six o'clock in the forenoon of the following day. No child under sixteen years of age shall be employed or permitted or suffered to work in any factory or manufacturing or business establishment unless said child shall present to the person or corporation employing him or her an age and employment certificate, given by or under the direction of the school committee of the city or town in which said child resides. Such certificate shall state (a) the name of said child, (b) the date and place of birth of said child, (c) the height, color of eyes and hair, and complexion of said child, (d) the name and place of residence of the person having control of said child, and such certificate shall certify (1) that said child has completed fourteen years of age, (2) that said child is able to read at sight and write legibly simple sentences in the English language, and (3) that there is reason to believe that said child is healthy and physically able to perform the work which he or she intends to do. The statements contained in such certificate in regard to the name, date and place of birth of said child, shall be substantiated by a duly attested copy of the birth certificate, baptismal certificate, or passport of such child. All such certificates issued on or after the first day of January, A. D., 1911, shall be uniform throughout the State, and in the following form, or such substantially similar form as may be approved by the secretary of the State board of education; AGE AND EMPLOYMENT CERTIFICATE. This certifies that I am the (father, mother, guardian, or custodian) Form. and have control of (name of child), whose signature appears below, and that (he or she) was born at (name of town or city), in the county of on the (day) of (month), and is now (number of years and months) old. (Signature of child.) (Signature of person having control of said child and his or her residence.) A. D. and State (or country) of (Town or city and date). I hereby approve the foregoing certificate of (name of child); whose height is (feet and inches); eyes are (color); hair is (color), and complexion is (fair or dark). I certify that said (name of child) is able to read at sight and write legibly simple sentences in the English language, and that I have reason to believe that said (name of child) has completed fourteen years of age, is of the age therein certified, and is healthy and physically able to perform the work which (he or she) intends to do. This certificate belongs to (name of child), and is to be surrendered to (him or her) whenever (he or she) leaves the service of the person or corporation holding the same; but if not claimed by said child within two weeks from such time it shall be returned to the school committee which issued it, or to such person as such committee shall designate. (Signature of person authorized to approve and sign, with official character or authority.) (Town or city and date.) In case it appears to the satisfaction of the school committee, or person authorized to give such certificate, that neither the birth certificate, baptismal certificate, nor passport of such child can be produced, the age and employment certificate may be granted on other evidence satisfactory to the secretary of the State board of education. All certificates required by this chapter relating to the qualification of children employed in any factory or manufacturing or business establishment coming under the provisions of this chapter shall be kept by the employer at the place where such child is employed, and shall be shown to the factory inspectors provided for by this chapter, or either or any of them, on demand by said inspector or inspectors; and the proprietor or manager of any such factory or manufacturing or business establishment who shall fail to produce or shall refuse to show to any factory inspector any such certificate when demand is made therefor shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than ten nor more than fifty dollars. Whenever any factory inspector shall have reason to doubt the accuracy of any statement made in any such certificate concerning the age or other qualifications of any child employed thereunder, such inspector shall demand such certificate of the employer of such child, and upon receiving the same shall give such employer a receipt therefor. If after investigation such inspector shall find that such certificate should not have been issued to said child under the provisions of this law, then he shall deliver such certificate to the person who issued it, and shall order it to be canceled, and shall forthwith notify the said employer that such child must not be longer employed. Every employer or proprietor or manager of any factory or manufacturing or business establishment who shall continue to employ such child after receiving such notice from any factory inspector shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the penalty imposed by section 12 of this chapter. Whenever any factory inspector shall have reason to doubt that any child employed in any factory, or manufacturing or business establishment, and not provided with an age and employment certificate, has reached the age of sixteen years, such factory inspector shall make demand on such child's employer that such employer shall either furnish him within ten days a certificate of age issued by the same authority and based on the same evidence required for the issuance of age and employment certificates, or shall cease to employ such child Investigations in case of doubt. Certificatet o be returned. Application law. Violations. Acrobatic, Dccupations. or permit or suffer such child to work in such factory or manufacturing or business establishment. In case such employer shall fail to deliver such certificate to the factory inspector, within ten days after such demand, and shall thereafter continue to employ such child, or permit or suffer such child to work in such factory or manufacturing or business establishment, such employer shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the penalty imposed by section 12 of this chapter, and proof of the making of such demand and of failure to deliver such certificate shall be prima facie evidence, in any prosecution brought for a violation of this provision, that such child is under 16 years of age and is unlawfully employed. When any child employed under the provisions of this section leaves his or her employment, the person or corporation by whom such child has been employed shall, on demand by said child, deliver to him or her the certificate on the authority of which such child has been employed, unless such certificate has been canceled as herein before provided, or if such certificate is not demanded by such child, shall, within two weeks after said child has left the employment of said person or corporation, send said certificate to the school committee which issued it, or to such person as the school committee may designate. The school committee of each town, or such person as the school committee may designate to issue the certificate provided for in this section, shall keep on file a copy of each certificate granted, together with the evidence on which such certificate was granted. SEC. 2. Every person, firm, or corporation doing business within this State employing five or more persons, or employing any child under sixteen years of age, shall be subject to the provisions of this chapter, whatever shall be the business conducted by said person, firm, or corporation: Provided, however, That the provisions of this chapter shall not apply to children employed in household service or in agricultural pursuits: And provided, further, That said provisions shall not apply to the employment of children in the vocation, occupation, or service of rope or wire walking, or as gymnasts, wrestlers, contortionists, equestrian performers, or acrobats, riders upon bicycles or mechanical contrivances, or in any dancing, theatrical, or musical exhibition, but the employment of children in any vocation, occupation, or service enumerated in this proviso shall continue to be governed by the provisions of the General Laws, chapter one hundred thirty-nine. SEC. 12. Any person or corporation who employs a child under sixteen years of age without the certificate required by section one of this chapter, or who makes a false statement in regard to any part required by such certificate or who violates any of the provisions of this chapter, or who suffers or permits any child or woman to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by a fine of not more than five hundred dollars: Provided, however, That this section shall not apply to that portion of section one of this chapter which fixes the penalty for the refusal to show to the inspector any certificate provided for in that section. [See also sections 6 and 8, Appendix B, page 1063.] CHAPTER 139.-Employment of children in certain occupations forbidden. SECTION 4. Every person having the custody or control of any mendicant, etc., child under the age of sixteen years, who shall exhibit, use or employ, or shall in any manner or under any pretense sell, apprentice or give away, let out or otherwise dispose of any such child to any person for or in the vocation, occupation, service or purpose of rope or wire walking, or as a gymnast, wrestler, contortionist, equestrian performer, acrobat, or rider upon any bicycle or mechanical contrivance, or in any dancing, theatrical or musical exhibition unless it be in connection with churches, schools, or private instruction in dancing or music or unless it be under the auspices of a Rhode Island society incorporated, or organized without incorporation, for a purpose authorized by section eleven of chapter two hundred twelve, or unless it * * be with the written consent, previously obtained and revocable at hibited purposes. SEC. 5. Every person who shall take, receive, hire or employ, exhibit, Hiring for proor have in custody, or who shall cause to be taken, hired or employed, exhibited, or held in custody, any child under the age of sixteen years, for any of the purposes prohibited in the preceding section, shall be held guilty of a misdemeanor, and shall be punished for every such offense in the manner provided in said section. SEC. 6. The town sergeant of any town, the chief of police of any city, or the general agent or agents of the Rhode Island Society for the Prevention of Cruelty to Children may enter any place where any child may be held, detained or employed in violation of this chapter, and without process of law seize and detain such child and hold him as a witness to testify upon the trial of any person charged with violating the provisions of this chapter; * * * CHAPTER 249.-Employment of women and children. Enforcement. SECTION 22 (as amended by chapter 384, Acts of 1909). No minor Hours of labor. under sixteen years of age, and no woman, shall be employed in laboring in any manufacturing or mechanical establishment more than fifty-six hours in any one week; and in no case shall the hours of labor exceed ten hours in any one day, excepting when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week. Schedule to be Every employer shall post in a conspicuous place in every room where such persons are employed a printed notice stating the number of posted. hours required of them on each day of the week; and the employment of any such person for a longer time in any day than so stated shall be deemed a violation of this section, unless it appears that such employment is to make up for time lost on some previous day of the same week in consequence of the stopping of the machinery upon which such person was employed or dependent for employment: Provided, That the provisions of this section shall not be construed to enlarge or impair any restriction placed upon the employment of any minor mentioned in chapter 64. SEC. 23. Every person who willfully employs, or has in his employ- Penalty. ment or under his charge any person, in violation of the provisions of the preceding section, and every parent or guardian who permits any such minor to be so employed, shall be fined not exceeding twenty dollars for each offense. A certificate of the age of a minor, made by him or by his parent or guardian, at the time of his employment in a manufacturing establishment, shall be conclusive evidence of his age upon any trial of any person other than the parent or guardian for a violation of the preceding section. Ten hours a SEC. 24. Labor performed in any manufacturing establishment, and all mechanical labor, during the period of ten hours in any one day, day's labor shall be considered a legal day's work, unless otherwise agreed by the parties to the contract for the same, or unless for the purposes, and subject to all restrictions, mentioned in section twenty-two of this chapter. |