Illiterates.

Enforce

ment.

un

Children der 16 years.

Dangerous

In the case of a child who can not read at sight and write legibly simple sentences, the certificate shall continue as follows, after the word sentences: "I hereby certify that (he or she) is regularly attending the (name of public or parochial evening school)." This certificate shall continue in force just as long as the regular attendance of said child at said evening school is certified weekly by the teacher and principal of said school.

In any city or town in which there is no public or parochial evening school, an age and school certificate shall not be approved for a child under the age of sixteen years who can not read at sight and write legibly simple sentences. When the public or parochial evening schools are not in session, an age and school certificate shall not be approved for any child who can not read at sight and write legibly simple sentences. The certificate of the principal of a public or parochial school shall be prima facie evidence as to the literacy or illiteracy of the child.

SEC. 8. No person shall employ any minor over fourteen years of age and under sixteen years, and no parent, guardian or custodian shall permit to be employed any such minor under his control, who can not read at sight and write legibly simple sentences, while a public evening school is maintained in the town or city in which such minor resides, unless such minor is a regular attendant at such evening school.

SEC. 9. The State inspector of factories, his assistants or deputies, shall visit all mercantile institutions, stores, offices, laundries, manufacturing establishments, bowling alleys, theaters, concert halls or places of amusement, factories or workshops, and all other places where minors are or may be employed in this State, and ascertain whether any minors are employed contrary to the provisions of this act. Inspectors of factories may require that age and school certificates, and all lists of minors employed in such factories, workshops, mercantile institutions and all other places where minors are employed as provided for in this act, shall be produced for their inspection on demand: And, provided further, That upon written complaint to the school board or local school authorities of any city, town, district or municipality, that any minor (whose name shall be given in such complaint) is employed in any mercantile institution, store, office, laundry, manufacturing establishment, bowling alley, theater, concert hall or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, contrary to the provisions of this act, it shall be the duty of such school board or local school authority to report the same to the State inspector of factories.

SEC. 10. No person under the age of sixteen years shall be employed or suffered or permitted to work at any gainful occupation more than forty-eight hours in any one week, nor more than eight hours in any one day; or before the hours of seven o'clock in the morning or after the hour of seven o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed, a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work, and the hours when the time or times allowed for dinner or for other meals begins and ends. The printed form of such notice shall be furnished by the State inspector of factories, and the employment of any such minor for longer time in any day so stated shall be deemed a violation of this section.

SEC. 11. No child under the age of sixteen years shall be employments. employed at sewing belts, or to assist in sewing belts, in any capacity whatever; nor shall any child adjust any belt to any machinery; they shall not oil or assist in oiling, wiping or cleaning machinery; they shall not operate or assist in operating circular or band saws, wood shapers, wool jointers [wood jointers], planers, sandpaper or wood-polishing machinery, emery or polishing wheels used for polishing metal, wood-turning or boring

machinery, stamping machines in sheet metal and tinware manufacturing, stamping machines in washer and nut factories, operating corrugating rolls, such as are used in roofing factories, nor shall they be employed in operating any passenger or freight elevators, steam boiler, steam machinery, or other steam generating apparatus, or as pin boys in any bowling alleys; they shall not operate or assist in operating dough brakes, or cracker machinery of any description; wire or iron-straightening machinery; [n]or shall the [they] operate or assist in operating rolling-mill machinery punches or shears, washing, grinding or mixing mill or calendar rolls in rubber manufacturing, nor shall they operate or assist in operating laundry machinery; nor shall children be employed in any capacity in preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating or assisting to operate any passenger or freight elevator; nor shall they be employed in any capacity whatever in the manufacture of goods for immoral purposes, or any other Immoral, employment that may be considered dangerous to their lives or etc., surroundlimbs, or where their health may be injured or morals depraved; nor in any theater, concert hall, or place of amusement wherein intoxicating liquors are sold; nor shall females under sixteen years of age be employed in any capacity where such employment compels them to remain standing constantly.

SEC. 12. The presence of any person under the age of sixteen years in any manufacturing establishment, factory or workshop, shall constitute prima facie evidence of his or her employment therein.

Elevators.

ings.

Evidence.

Enforce

SEC. 13. It shall be the special duty of the State factory inspector to enforce the provisions of this act, and to prosecute all ment. violations of the same before any magistrate or any court of competent jurisdiction in this State. It shall be the duty of the State factory inspector, assistant State factory inspector and deputy State factory inspectors under the supervision and direction of the State factory inspector, and they are hereby authorized and empowered to visit and inspect, at all reasonable times, and as often as possible, all places covered by this act.

SEC. 14. Whoever, having under his control a child under the age of 16 years, permits such child to be employed in violation of the provisions of this act, shall for each offense be fined not less than $5 nor more than $25, and shall stand committed until such fine and costs are paid. A failure to produce to the inspector of factories, his assistants or deputies, any age and school certificates, or lists required by this act, shall constitute a violation of this act, and the person so failing shall, upon conviction, be fined not less than $5 nor more than $50 for each offense. Every person authorized to sign the certificate prescribed by section 7 of this act, who certifies to any materially false statement therein shall be guilty of a violation of this act, and upon conviction, be fined not less than $5 nor more than $100 for each offense, and shall stand committed until such fine and costs are paid. Any person, firm or corporation, agent or manager, superintendent or foreman of any firm or corporation, whether for himself or for such firm or corporation, or by himself or through subagents or foreman, superintendent or manager, who shall violate or fail to comply with any of the provisions of this act, or shall refuse admittance to premises, or otherwise obstruct the factory inspector, assistant factory inspector or deputy factory inspector in the performance of their duties, as prescribed by this act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $5 nor more than $100 for each offense, and shall stand committed until such fine and costs are paid.

Penalty.

INDIANA.

ANNOTATED STATUTES OF 1894-REVISION OF 1901.

Certain occupations of children forbidden.

Acrobatic, SECTION 2241. Any person having the care, custody or control immoral, etc., of any minor child under the age of fifteen years, who shall in

occupations.

Mendicant occupations.

any manner sell, apprentice, give away, or otherwise dispose of such child, and any person who shall take, receive or employ such child for the vocation or occupation of rope or wire walking, or as an acrobat, gymnast, contortionist, or rider, and any person who, having the care, custody or control of any minor child shall sell, apprentice, give away or otherwise dispose of such child, or who shall take, receive or employ such child for any obscene, indecent or illegal exhibition or vocation, or any vocation injurious to the health or dangerous to the life or limb of such child engaged therein, or for the purpose of prostitution, and any person who shall retain, harbor or employ any minor child in or about any assignation house or brothel, or in any place where any obscene, indecent or illegal exhibition takes place, shall be guilty of a misdemeanor, and upon conviction thereof before any justice of the peace, mayor, police judge or criminal court shall be fined not less than ten dollars, nor more than one hundred dollars, to which may be added imprisonment not exceeding thirty days.

SEC. 2242. Any person having the care, custody or control, lawful or unlawful, of any minor child under the age of eighteen years, who shall apprentice, give away, let out, hire, or otherwise dispose of such minor to any person for the purpose of singing, playing on musical instruments, begging, or for any mendicant business whatever, in the streets, roads or other highways of the State, and whosoever shall take, receive, hire, employ, use or have in custody any such [minor] for the vocation, occupation, calling, service or purpose of singing, playing upon musical instruments or begging upon the streets, roads or other highways of the State, or for any mendicant business whatever, shall be guilty of a misdemeanor, and upon conviction thereof in the manner provided in the first section of this act, shall be fined not less than five dollars nor more than one hundred dollars, to which may be added imprisonment not exceeding thirty days.

Employment SEC. 2243. Any person having the care, custody or control of any in dance minor child under the age of fifteen years, who shall in any manhouses, saloons, etc. ner sell, apprentice, give away, or permit such child to sing, dance, act, or in any manner exhibit in any dance house whatever, or in any concert saloon, theater, or place of entertainment where wines or spirituous or malt liquors are sold or given away, or with which any place for the sale of wines or spirituous or malt liquors is directly or indirectly connected by any passage way or entrance, or any proprietor of any dance house whatever, or the proprietor of any such concert saloon, theater or place of entertainment so employing any such child, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars nor more than one hundred dollars for each offense, to which may be added imprisonment not exceeding thirty days.

Seats to be provided.

Penalty.

* **

Seats for female employees.

SECTION 2246. Every person or corporation employing women or girls in any business in his State shall provide suitable seats for the use of said employees so employed, and shall permit the use of such seats by them when they are not necessarily engaged in the active duties for the performance of which they are so employed.

SEC. 2247. Any person or persons, or any corporation violating any of the provisions of this act, shall be punished by a fine of not less than ten dollars nor more than thirty dollars for each offense. And it is made the duties of the prosecuting attorneys of the State to enforce the provisions of this act.

Earnings of married women.

Earnings sep

SECTION 6975. A married woman may carry on any trade or business and perform any labor or service on her sole and separate arate property. account. The earnings and profits of any married woman, accruing from her trade, business, services or labor, other than labor for her husband or family, shall be her sole and separate property.

Services performed by a wife in connection with her husband, do not, in the absence of an agreement, give her a separate right of action. 17 Ind. App. 253.

Employment of women and children.

SECTION 7087a. No person under sixteen years of age, and no female under eighteen years of age, employed in any manufacturing or mercantile establishment, laundry, renovating works, bakery or printing office, shall be required, permitted or suffered to work therein more than sixty hours in any one week, nor more than ten hours in any one day, unless for the purpose of making a shorter day on the last day of the week; nor more hours in any one week than will make an average of ten hours per day for the whole number of days which such person or such female shall so work during such week; and every person, firm, corporation or company employing any person under sixteen years of age, or any female under eighteen years of age in any establishment as aforesaid, shall post and keep posted in a conspicuous place in every room where such help is employed a printed notice stating the number of hours of labor per day required of such person for each day of the week, and the number of hours of labor exacted or permitted to be performed by such persons shall not exceed the number of hours of labor so posted as being required. The time of beginning and ending the day's labor shall be the time stated in such notice: Provided, That such female under eighteen and persons under sixteen years of age may begin after the time set for beginning and stop before the time set in such notice for the stopping of the day's labor, but they shall not be permitted or required to perform any labor before the time stated on the notices as the time for beginning the day's labor, nor after the time stated upon the notices as the hour of ending the day's labor. SEC. 7087b. No child under fourteen years of age shall be employed in any manufacturing or mercantile establishment, mine, quarry, laundry, renovating works, bakery or printing office within this State. It shall be the duty of every person employing young persons under the age of sixteen years to keep a register, in which shall be recorded the name, birthplace, age and place of residence of every person employed by him under the age of sixteen years; and it shall be unlawful for any proprietor, agent, foreman or other person connected with a manufacturing or mercantile establishment, mine, quarry, laundry, renovating works, bakery or printing office to hire or employ any young person to work therein without there is first provided and placed on file in the office an affidavit made by the parent or guardian, stating the age, date and place of birth of said young person; if such young person have no parent or guardian, then such affidavit shall be made by the young person, which affidavit shall be kept on file by the employer, and said register and affidavit shall be produced for inspection on demand made by the inspector, appointed under this act. There shall be posted conspicuously in every room where young persons are employed, a list of their names, with their ages, respectively. No young person under the age of sixteen years, who is not blind, shall be employed in any establishment aforesaid, who can not read and write simple sentences in the English language, except during the vacation of the public schools in the city or town where such minor lives. The chief inspector of the department of inspection shall have the power to demand a certificate of physical fitness from some regular physician in the case of young persons who may seem physically unable to perform the labor at which they may be

Hours of la

bor.

Age limit.

Night work.

Operating elevators.

Cleaning

moving chinery.

etc.

employed, and shall have the power to prohibit the employment of any minor that can not obtain such certificate.

Employment of a boy under fourteen years of age is negligence per se; but it must be the proximate cause of the injuries of a plaintiff to make an employer liable therefor. 73 N. E. Rep. 117.

The fact that a parent or guardian knows of the employment of a child within the age limits requiring an affidavit of such parent or guardian, and that they do not inform the employer of the age, does not excuse the latter from the duty of obtaining the certificate. 71 N. E. Rep. 922.

SEC. 7087c. No person or corporation, or officer or agent thereof, shall employ any woman or female young person in any capacity for the purpose of manufacturing, between the hours of 10 o'clock at night and 6 o'clock in the morning.

SEC. 7087d. No person, company, corporation or association shall employ or permit any young person to have the care, custody, management of or to operate any elevator.

SEC. 70871.

*

**

** No person under sixteen years of age, and mano female under eighteen years of age, shall be allowed to clean machinery while in motion.

Wash rooms,

Definitions.

Employment prohibited.

SEC. 7087j. A suitable and proper wash room and water-closets shall be provided by the owner, agent or lessee in each establishment above enumerated, and such water-closets shall be properly screened and ventilated and kept at all times in a clean condition, with not less than one seat for each twenty-five persons, and one seat for each fraction thereof above ten, employed in such establishment; and if women and girls are employed in any such establishment, the water-closets used by them shall have separate approaches and be separate and apart from those used by the men. All water-closets shall be kept free of obscene writing and marking. A dressing room shall be provided for women and girls, when required by the chief inspector, in any establishment aforesaid in which women and girls are employed; and the employer of such women and girls shall provide a suitable seat for the use of each female employee placed conveniently where she works, and shall permit the use of the same when she is not necessarily engaged in the active duties for which she is employed, and such seats shall be constructed or adjusted where practicable so as to be a fixture and not obstruct such female when actually engaged in the performance of such duties when such seat can not be used. SEC. 7087r. The language used in this act shall be interpreted to have the following meaning: The word "person" means any individual, corporation, partnership, company or association. The word child" means a person under the age of fourteen years. The words "young person means a person of the age of fourteen years and under the age of eighteen years. The word "woman means a female of the age of eighteen years and upwards. The words "manufacturing or mercantile establishment, mine, quarry, laundry, renovating works, bakery or printing office means [mean] any mill, factory, workshop, store, place of trade, or other establishment where goods, wares or merchandise are manufactured or offered for sale, or any mine or quarry where coal and stone are mined and quarried for the market, and persons are employed for hire.

66

ACTS OF 1905.

CHAPTER 50.-Employment of women and children in mines.

SECTION 24. No male person under the age of fourteen years or female of any age shall be permitted to enter any mine in this State for the purpose of employment therein, and the parents or guardians of boys shall be required to furnish an affidavit as to the age of said boy or boys when there is any doubt in regard to their age, and in all cases of minors applying for work the operator of any mine shall see that the provisions of this section are not violated.