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Age limit.

School attendance required.

Employment during school hours.

Certificate.

Penalty.

NORTH DAKOTA.

CONSTITUTION.

ARTICLE 17.-Employment of children-Age limit.

SECTION 209. The labor of children under twelve years of age shall be prohibited in mines, factories and workshops in this State.

REVISED CODES OF 1905.

POLITICAL CODE.

Employment of children.

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SECTION 894 (as amended by chapter 98, Acts of 1907). Every parent, guardian or other person who resides in any school district or city, who has control of any child or children of or between the ages of eight and fourteen years, shall send such child or children to a public school in each year during the entire time the public schools of such district or city are in session, ** Provided, That such parent, guardian or other person having control of any child shall be excused from such duty by the school board of the district or by the board of educa tion of the city or village whenever it shall be shown to their satisfac tion, subject to appeal as provided by law, that one of the following reasons therefor exists:

1. That such child is taught for the same length of time in a parochial or private school, approved by such board; that no school shall be ap proved by such board unless the branches usually taught in the public schools are taught in such schools.

2. That such child is actually necessary to the support of the family. 3. That such child has already acquired the branches of learning taught in the public schools.

4. That such child is in such a physical or mental condition (as de clared by the county physician, if required by the board) as to render such attendance inexpedient or impracticable. If no school is taught the requisite length of time within three miles of the residence of such child by the nearest route, such attendance shall not be enforced, except in cases of consolidated schools where transportation may be arranged for by the school board: Provided, That in districts where children reside beyond the three-mile limit and school facilities are not otherwise provided, the district school board shall provide transporta tion for such children to and from school. In districts having con solidated schools where transportation is arranged for by the school board, or in other districts providing transportation, attendance shall be required of pupils residing within four miles of such school or schools,

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SEC. 897. No child between eight and fourteen years of age shall be employed in any mine, factory or workshop or mercantile establishment, or, except by his parents or guardian, in any other manner, dur ing the hours when the public schools in the city, village or district are in session, unless the person employing him shall first procure a cer tificate from the superintendent of schools of the city or village, if one is employed, otherwise from the clerk of the school board or board of education, stating that such child has attended school for the period of twelve weeks during the year, as required by law, or has been excused from attendance as provided in section 894; and it shall be the duty of such superintendent or clerk to furnish such certificate upon applica tion of the parent, guardian or other persons having control of such child, entitled to the same.

SEC. 898. Each owner, superintendent or overseer of any mine, factory, workshop or mercantile establishment, and any other person who shall employ any child between eight and fourteen years of age contrary to the provisions of this article, is guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense in a sum not less

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than twenty nor more than fifty dollars and costs. Each person au-
thorized to sign a certificate as prescribed in the preceding section, who
certifies to any materially false statement therein, shall be fined not less
than twenty nor more than fifty dollars and costs.

CIVIL CODE.

Earnings of married women.

SECTION 4082. Neither the husband nor the wife, as such, is answerable for the acts of the other.

2. The earnings of the wife are not liable for the debts of the husband Earnings sepaand the earnings and accumulations of the wife and of her minor children rate property. living with her or in her custody, while she is living separate from her husband, are the separate property of the wife.

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SECTION 4105. The wages of a minor employed in service may be Payment minors valid, paid to him or her until the parent or guardian entitled thereto gives when. the employer notice that he claims such wages.

PENAL CODE.

Hours of labor of women and children.

SECTION 9440. Every owner, stockholder, overseer, employer, clerk, Ten hours a or foreman, of any manufactory, workshop or other place used for day's work. mechanical or manufacturing purposes, who, having control, shall compel any woman or any child under eighteen years of age, or permit any child under fourteen years of age, to labor in any day exceeding ten hours, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine not exceeding one hundred and not less than ten dollars.

OHIO.

BATES' ANNOTATED STATUTES-THIRD EDITION.

PART I.-POLITICAL.

Employment of children in mines.

SECTION 302. No child under fifteen years of age shall be allowed to Age limit.
work in any mine, during the school term of the public schools in the
district in which such minor resides, and no child under fourteen years
of age shall be employed in any mine during the vacation interim of the
public schools in the school district in which such minor resides, and
in all cases of minors applying for work the agent of such mine shall see
that the provisions of this section are not violated; he shall also keep a
record of all minors employed by him, or by any person employed in
said mines, giving the name, age, place of birth, parents' name and
residence, with character of employment, and he shall demand from
such minor proof that he has complied with the requirements of the
school laws; and it shall be the duty of the mine inspector to inspect
such record and to report to the chief inspector of mines the number of
minors employed in or about such mines and to enforce the provisions
of this section.

SEC. 303. In case any coal mine does not, in appliances for the safety Enforcement.
of the persons working therein, conform to the provisions of this chapter,
or the owner or agent disregards the requirements of this chapter, any
court of competent jurisdiction may, on application of the inspector,
by civil action, in the name of the State, enjoin or restrain the owner or
agent from working or operating such mine, until it is made to conform
to the provisions of this chapter; and such remedy shall be cumulative,
and shall not take the place of or affect any other proceedings against
such owner or agent authorized by law for the matter complained of in
such action.

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Minors not to

operate.

Penalty.

School attendance required.

Certificates.

Employment of children in elevators.

SECTION 2575-91. No person under twenty-one years of age shall employed in running or operating any electric, steam or hydr passenger or freight elevators, and it shall be unlawful for any fir company or person in the State of Ohio, owning, operating or having charge any such passenger or freight elevator or elevators to employs person under twenty-one years of age to run or operate any such elevat

SEC. 2575-92. Any person, firm or corporation, or any agent, truste director, officer or employee of any person, firm or corporation, w shall employ any person contrary to the provisions of the foregoing section, or who shall violate any of its provisions, shall, upon convictin thereof, be fined in any sum not less than twenty-five nor more than ea hundred dollars, or imprisonment not less than thirty nor more than sixty days.

PART II.-CIVIL.

Employment of children during school term—Illiterates.

SECTION 4022-1 (as amended by act, page 615, Acts of 1902) AD parents, guardians and other persons who have care of children, shill instruct them, or cause them to be instructed in reading, spelling. writing, English grammar, geography and arithmetic. Every parent, guardian or other person having charge of any child between the ages of eight and fourteen years shall send such child to a public, private parochial school, for the full time that the school attended is in session which shall in no case be for less than twenty-four weeks, and said attendance shall begin within the first week of the school term, unless the child is excused from such attendance by the superintendent d the public schools, in city or other districts having such superintendent, or by the clerk of the board of education in village, special and tow ship districts not having such superintendent, or by the principal the private or parochial school, upon satisfactory showing, either that the bodily or mental condition of the child does not permit of it attendance at school, or that the child is being instructed at home by a person qualified to teach the branches named in this section. ** * All children between the ages of fourteen and sixteen years, not engaged in some regular employment, shall attend school for the full term the schools of the district in which they reside are in session during the school year, unless excused for [the] reasons above named. * * *

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SEC. 4022-2 (as amended by act, page 615, Acts of 1902, and act, page 334, Acts of 1904). No child under sixteen years of age shall be employed or be in the employment of any person, company or corpora tion during the school term and while the public schools are in session, unless such child shall present to such person, company or corpora tion an age and schooling certificate herein provided for. An age and schooling certificate shall be approved only by the superintendent of schools, or by a person authorized by him, in city or other districts having such superintendent, or by the clerk of the board of education in village, special and township districts not having such superin tendent, upon a satisfactory proof of the age of such minor and that he has successfully completed the studies enumerated in section 4022-1 of the Revised Statutes of Ohio; or if between the ages of fourteen and sixteen years, a knowledge of his or her ability to read and write legibly the English language. The age and schooling certificate shall be formulated by the State commissioner of common schools and the same furnished, in blank, by the clerk of the board of education. Every person, company or corporation employing any child under sixteen years of age, shall exact the age and schooling certificate prescribed in this section as a condition of employment, and shall keep the same on file, and shall upon request of the truant officer herein provided for, permit him to examine such age and schooling certificate. Any person, company or corporation, employing any minor contrary to the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars.

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SEC. 4022-3 (as amended by act, page 615, Acts of 1902). All Illiterates. minors over the age of fourteen and under the age of sixteen years, who can not read and write the English language shall be required to attend school as provided in section 4022-1 of the Revised Statutes of Ohio and all the provisions of said section shall apply to said minors: Provided, That such attendance shall not be required of such minors after they have secured a certificate from the superintendent of schools, in districts having superintendents or the clerk of the board of education in districts not having superintendents, that they can read and write the English language. No person, company or corporation shall employ any such minor during the time schools are in session, or having such minor in their employ shall immediately cease such employment, upon notice from the truant officer who is hereinafter provided for. Every person, company or corporation violating the provisions of this section shall be fined not less than twenty-five nor more than fifty dollars.

SEC. 4022-5. To aid in the enforcement of this act, truant officers Enforcement. shall be appointed * * *: The truant officer shall be vested with police powers, the authority to serve warrants, and shall have authority to enter workshops, factories, stores and all other places where children may be employed, and do whatever may be necessary, in the way of investigation or otherwise, to enforce this act; he is also authorized to take into custody the person of any youth between eight and fourteen years of age, or between fourteen and sixteen years of age when not regularly employed or when unable to read and write the English language, who is not attending school, and shall conduct said youth to the school he has been attending, or which he should rightfully attend. The truant officer shall institute proceedings against any officer, parent, guardian, person or corporation violating any provisions of this act, * *

etc.

SEC. 4022-9 (as amended by act, page 615, Acts of 1902). When Children of deany truant officer is satisfied that any child, compelled to attend school pendent parents, by the provisions of this act, is unable to attend school because absolutely required to work, at home or elsewhere, in order to support itself or help support or care for others legally entitled to its services, who are unable to support or care for themselves, the truant officer shall report the case to the authorities charged with the relief of the poor, and it shall be the duty of said officers to afford such relief as will enable the child to attend school the time each year required under this act. Such child shall not be considered or declared a pauper by reason of the acceptance of the relief herein provided for. In all cases where relief is necessary it shall be the duty of the board of education to furnish text books free of charge and said board may furnish any further relief it may deem necessary, the expenses incident to furnishing said books and relief to be paid from the contingent funds of the school district.

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Retaining wages of minors-Written contracts.

SECTION 4364-65. It shall be unlawful for any person, company or Fines, etc. procorporation doing business in the State of Ohio, to retain or withhold hibited. from an employee, male or female, who is a minor, the wages or compensation, or any part thereof, agreed to be paid to such employee, and due to the same for work performed or services rendered, because of presumed negligence or failure to comply with rules, or for breakage of machinery, or for alleged incompetency to produce work or to perform labor in accordance with any standard of merit set up; nor shall any firm, corporation, or individual as aforesaid, receive any guarantee, bonus, or money deposit, or any other form of security, in order to obtain or to secure for any such minor employment, or to insure faithful performanc of labor, or to guarantee strict observance of rules, or to make good losses which may be ascribed or charged to the incompeten gence, or inability of such minor employee.

SEC. 4364-66 (as amended by act, page 598, Acts of 1902) company or corporation, as aforesaid, shall give employ minor, without agreeing with said minor what wages o

Penalty.

Seats to be provided.

he or she shall be entitled to receive per day, week, month or year or per piece for work performed; and written evidence of such agreement shall be furnished to such minor, and on or before each pay day a statement of earnings due, and the amount thereof to be paid to him or her on such pay day shall be given to such minor, and no subsequent change shall be made in the wages or compensation of such minor without notice of the same being given to him or her at least twenty-four hours previous to its going into effect, and when such change is effected writ ten agreement shall be given as in the first instance to said minor employee.

SEC. 4364-67. Any person, or officer, or agent of any company or cor poration, who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, be fined in any sum not exceeding two hundred dollars, or imprisonment in the county jail for a period not exceeding six months, or both, at the discretion of the court; and it is hereby declared to be the duty of the State inspector of workshops and factories to see that the provisions of this act shall be enforced.

Seats, etc., for female employees.

SECTION 4364-69. Every person or corporation employing female employees in any manufacturing, mechanical or mercantile establishments in this State, shall provide a suitable seat for the use of each female employee so employed, and shall permit the use of such by them when they are not necessarily engaged in the active duties for which they are employed, and shall permit the use of such seats at all times when such use would not actually and necessarily inter fere with the proper discharge of the duties of such employees, and such seat shall be constructed or adjusted where practicable so as to be a fixture and not obstruct such female when actually engaged in Toilet rooms. the performance of such duties when such seat can not be used. And the owner of the building shall provide, on the same floor, or floor immediately above or below, of the building wherein any female persons are employed, suitable and separate toilet and dressing rooms and water-closets for the exclusive use of such female employees, and where possible, such dressing rooms and water-closets shall be situated to gether, with one water-closet for every twenty-five females or less, and where there are more than twenty-five there shall be provided an additional water-closet, up to the number of fifty, and above that number in the same ratio: Provided, That no such closet for the use of iemales shall be placed in a basement or cellar, unless such basement or cellar is used for manufacturing, mechanical or mercantile purposes, and females are employed therein: And, provided, further, That such closets, in the same ratio as above mentioned, shall be placed on the outside of such building at a distance not to exceed twenty feet in such cities, towns and villages as are not provided with a system of waterworks; unless such building is provided with a dry closet system such closets to be kept in good sanitary condition at all times. The State inspector of factories and workshops is hereby charged with the duty of seeing that the provisions of this section are observed and enforced. SEC. 4364-70. Any person or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction shall be punished by a fine not less than ten dollars nor more than twenty-five dollars for each offense.

Penalty.

occupations.

PART IV. PENAL.

Certain employments of children forbidden.

Acrobatic, SECTION 6984. Whoever takes, receives, hires, employs, uses, exmendicant, etc., hibits, or in any manner, or under any pretense, sells, apprentices, gives away, lets out, or otherwise disposes of, to any person, any child under the age of fourteen years, for or in the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, contor

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