Enforcement.

Powers of

school

return one-half of the fine or fines so collected to the school district in which the child, so illegally employed, resided.

SEC. 11. Truant or school attendance officers shall report any cases of such illegal employment to the city, borough or township superintendent, or to the principal teacher in localities not under the jurisdiction of any city, borough or township superintendent, and to the inspector of mines of the district.

SEC. 12. The city, borough or township superintendent, and the officers. principal teachers in localities not within the jurisdiction of any common school superintendent, and their duly authorized deputies, shall have the power to administer oaths and affirmations in all matters where persons desire to swear to, affirm or verify any documents or affidavits necessary to properly carry out the provisions of this act.

Definition.

Age limit.

Hours of labor.

Proviso.

ACT No. 226.-Employment of women and children.

SECTION 1. The term "establishment" where used for the purpose of this act, shall mean any place within this Commonwealth other than where domestic, coal-mining or farm labor is employed; where men, women or children are engaged, and paid a salary or wages, by any person, firm or corporation, and where such men, women or children are employees, in the general acceptance of the term.

SEC. 2. No child under fourteen years of age shall be employed in any establishment.

SEC. 3. No minor under sixteen, and no female, shall be employed in any establishment for a longer period than sixty hours in any one week, nor for a longer period than twelve hours in any one Night work. day. No minor under sixteen shall be employed in any establishment between the hours of nine postmeridian and six antemeridian: Provided, That where the material in process of manufacture requires the application of manual labor for an extended period after nine o'clock postmeridian, to prevent waste or destruction of said material, male minors over fourteen years of age, and who have not been employed in or about such establishment between the hours of six antemeridian and nine postmeridian, may be employed, for not more than nine consecutive hours in any one day, after nine postmeridian: And provided further, That in establishments where night work is hereby permitted to prevent waste or destruction, and where the nature of the employment requires two or more working shifts in the twenty-four hours, males over fourteen years of age may be employed, partly by day and partly by night: Provided, Said employment does not exceed nine consecutive hours: And provided further, That retail mercantile establishments shall be exempt from the provisions of this section on Saturday of each week, and during a period of twenty days beginning with the fifth day of December and ending with the twenty-fourth day of the same month: Provided, That during the said twenty days preceding the twenty-fourth day of December, the working hours shall not exceed ten hours per day, or sixty hours per week.

A provision of law limiting the hours of labor of adult females is within the police power of the State, and does not interfere with their constitutional rights, nor is it class legislation. 15 Superior Ct. 5.

Cleaning SEC. 4. No minor under sixteen years of age shall be permitted ma- to clean or oil machinery while in motion, or to operate, or otherwise have the care or custody of, any elevator or lift.

moving chinery.

Certificates.

SEC. 5. It shall be unlawful for the owner, superintendent, lessee, or other person in charge of any establishment where persons are employed for wages or salary, to employ any child between the ages of fourteen and sixteen years, unless there is first provided, and placed on file in the office of the establishment where said child is employed, a certificate in the form provided by the chief factory inspector, which certificate shall be uniform throughout the State. It shall be the duty of the factory inspector or any of his office force, the deputy factory inspectors, or of the

city or borough common school superintendents within their various jurisdictions, or of the principal teacher of the common schools in localities not under the jurisdiction of any city or borough superintendent, or of their respective duly authorized deputies, to issue the employment certificate hereinafter prescribed. No principal teacher shall be authorized to issue said employment certificate within any district over which a superintendent has jurisdiction. The district of such city or borough superintendent or principal teacher shall be the same as that in which the child seeking an employment certificate resides.

SEC. 6. The employment certificate shall state the name, age, date, place of birth, and description (including color of eyes, hair and complexion) of said child, its residence, and the residence of its parent, guardian or custodian, and the ability of said child to read and write simple sentences in the English language, that it has complied with the educational laws of the Commonwealth, and is physically able to perform the work to be required of it.

Provided, That before any such certificate of employment is issued, the person authorized to issue the same shall first demand and obtain of the parent, guardian or custodian of said child an affidavit, sworn to before any officer authorized to administer oaths, made by him or her, stating the age, date and place of birth of said child; and shall further demand and obtain a certificate of said child's birth, as kept by any public authority, or, transcript of the record of its birth, baptism or circumcision, as kept by any religious denomination, or, in the case of a foreign-born child (if such evidence of age be lacking), a true copy of the passenger manifest, passport or official record filed at the office of the commissioner of immigration at the port of arrival, as corroborative evidence of the truth of the facts set forth in the affidavit; and shall note in his statement, as aforesaid, the character of such record and by what public or religious authority the same is issued: Provided, however, That where no such transcript of public or religious record, or passenger manifest, passport or official record, as aforesaid, of said child's age is obtainable, the same may be substituted by a statement signed by the principal teacher of the last school which said child attended, certifying that said child has received instruction in reading, spelling, writing, English grammar, and geography, and is familiar with. the fundamental operations of arithmetic, and has completed the course of study in the common schools prescribed for the first five years, or a course of study in other schools equivalent thereto. At the time of the issue of the employment certificate, the person so issuing the same shall make one copy thereof, which copy shall be filed, within ten days from the date of its issue, in the office of the common school superintendent in the district in which the child holding the certificate resides; and in districts not having such a superintendent, the said copy shall be filed in the office of the chief factory inspector, and shall be subject to the inspection of the public. The certificate of the registration of birth, baptism or circumcision, or, in the case of a foreign-born child, the copy of passenger manifest, passport or official record, as hereinbefore prescribed, or, in the absence of such transcripts, the statement of the principal teacher, certifying that such child has received instruction as prescribed, as well as the affidavit of the parent, guardian or custodian, shall be filed with a copy of said employment certificate. The certificate when issued shall be the property of the said child, who shall be entitled to a surrender of the certificate to him or her by the employer whenever said child shall leave the service of any employer holding the certificate.

Contents.

etc.

Proof of age,

SEC. 10. Every person, firm or corporation employing men, women Laws, etc., to or children, in any establishment, shall post and keep posted in a be posted. conspicuous place, in every room where such help is employed, a printed copy of the factory laws, a printed notice stating the number of hours per day for each day of the week required of such persons; and in every room where children under sixteen years of age are employed, a list of their names, with their ages.

Enforcement.

SEC. 25. The chief factory inspector shall prepare the form of the employment certificates for children, and the permits, blanks, orders and notices required by this act; the same to be printed in accordance with the laws regulating printing and publishing. under the supervision of the superintendent of public printing and binding. He shall also divide the State into inspection districts, and assign one of the deputy factory inspectors to each district, and may transfer any of the said inspectors from one district to another, and make such rules and regulations governing their employment as the best interests of the service shall require. And he, the deputy factory inspector, and those enployed in the office of the chief factory inspector, shall have the same power to administer oaths or affirmations as is now given to notaries public, in all cases where any person desires to verify documents necessary and incident to the issuing of employment certificates for children.

Six hours day's work.

a

Inhumane

bidden.

PORTO RICO.

REVISED STATUTES AND CODES-1902.

REVISED STATUTES.

Hours of labor of children—Inhumane treatment.

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.

SEC. 167. No foreman, teacher or other person having under his treatment for 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.

Mendicant,

ete.. tions.

PENAL CODE.

Certain employments of children forbidden.

SECTION 265. Any person, whether as parent, relative, guardian, occupa- employer or otherwise, having in his care, custody, or control any 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, 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, employ, use, or have in custody any child for such purposes, or either of them, is guilty of a misdemeanor.

Usufruct be

ents, when.

CIVIL CODE.
Earnings of minors.

SECTION 225. Property acquired by an unemancipated child by longs to par- labor or industry, or for any valuable consideration, belongs to the said child, but the usufruct thereof belongs to the parents having potestas over him whilst he lives in their company; but if the child, 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.

Earnings, etc., of married women.

SECTION 1314. The following is the separate property of each of the spouses:

*

2. That acquired for a good consideration by either of them during the marriage.

Earnings separate property.

*

RHODE ISLAND.

GENERAL LAWS OF 1896.

CHAPTER 68.-Employment of children.

SECTION 1 (as amended by chapter 1215, enacted 1905). No child under thirteen years of age shall, on or before the thirty-first day of December, A. D. 1906, and no child under fourteen years of age shall, after said thirty-first day of December, A. D. 1906, be employed or permitted or suffered to work in any factory, manufac turing 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: Provided, however, That this restriction as to hours of work shall not apply to mercantile establishments on Saturdays, or on either of the four days immediately preceding Christmas in each year. 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 a certificate, given by or under the direction of the school committee of the city or town in which said child resides, certifying, if said certificate is presented on or before the thirty-first day of December, A. D. 1906, that such child has completed thirteen years of age, and if said certificate is presented after said thirtyfirst day of December, A. D. 1906, that said child has completed fourteen years of age, and stating the name, date and place of birth of such child, which facts shall be substantiated by a duly attested copy of birth certificate, baptismal certificate, or passport, stating also the name and place of residence of the person having control of such child: Provided, however, That all age certificates in force at the time of the passage of this act shall be valid until the first day of January, A. D. 1906, and no longer. All certificates required by this act relating to the qualification of children employed in any factory or manufacturing or business establishment coming under the provision of this statute shall be kept by the employer at the place where such child is employed, and shall be shown to the factory inspectors provided for in 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 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, be punished by a fine of not less than ten dollars nor more than fifty dollars. When any child employed under the provisions of this section leaves his 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 or, if such certificate is not demanded by said 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 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 certificates provided for in

Age limit.

Night work.

Certificates.

Form.

Application of

law.

this section, shall keep on file a copy of each certificate granted, together with the evidence of the date of birth on the basis of which such certificate is granted. The certificates provided for in this section 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 SCHOOLING CERTIFICATE.

This certifies that I am the (father, mother, guardian, or custodian) of (name of child) and that (he or she) was born at (name of town or city)- in the county (name of county, if known) and State (or country) of on the (day and year of birth) and is now (number of years and months) -old. (Signature of father, mother, guardian, or custodian.)

(Town or city and date.)

There personally appeared before me the above-named (name of person signing) and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge and belief. I hereby approve the foregoing certificate of (name of child) height (feet and inches)

eyes (color) having no suffi

complexion (fair or dark) hair (color) cient reason to doubt that (he or she) is of the age therein certified, and is apparently in sound health and physically able to perform the work which (he or she) intends to do.

This certificate belongs to (name of child in whose behalf it is drawn) -, and is to be surrendered to (him or her) whenever (he or she) leaves the service of the corporation or employer holding the same; but if not claimed by said child within two weeks from such time it shall be returned to the school committee or such person as such committee may designate.

(Signature of person authorized to approve and sign,
with official character or authority.)

(Town or city, and date.)

No action will lie to recover a minor's wages earned while employed in violation of this statute. 13 R. I. 299.

SEC. 2 (as amended by chapter 1458, enacted 1907). 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 act 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 115, and the several amendments thereof. SEC. 6. No minor under sixteen years of age shall be allowed to clean ing machinery. machinery while in motion, unless the same is necessary and is approved by said inspectors as not dangerous.

Cleaning mov

Water closets,

employees.

*

SEC. 8. Water-closets, earth closets or privies shall be provided in etc., for female all places where women and children are employed, in such manner as shall, in the judgment of said inspectors, meet the demands of health and propriety. Separate dressing rooms for women and girls shall be provided in all establishments where such are deemed a necessity by said factory inspectors; and in every manufacturing, mechanical or mercantile establishment in which women and girls are employed, there shall be provided, conveniently located, seats for such women and girls, and they shall be permitted to use them when their duties do not require their standing.

Seats.

Penalty.

SEC. 12 (as amended by chapter 1215, Acts of 1905). 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