Penalty, Mendicant OC bidden. SEC. 3. Any employer who shall require any female to work in any of the places mentioned in section 1 more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect or refuse to so arrange the work of females in his employ so that they shall not work more than the number of hours provided for in this act during any day of twenty-four hours, or who shall fail, neglect or refuse to provide suitable seats, as provided in section 2 of this act, or who shall permit or suffer any overseer, superintendent, or other agent of any such employer to violate any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined for each offense not less than $25 nor more than $100. PENNSYLVANIA., BRIGHTLY'S PURDON'S DIGEST, TWELFTH EDITION-1895. Employment of children. * * * SECTION 9. Any person having the care, custody or control, lawcupations for-ful or unlawful, for [of] any minor child under the age of eighteen years, who shall use such minor or 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 whatsoever, in the streets, roads or other highways of this Commonwealth, 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 street, roads, or other highways of the Commonwealth, or for any mendicant business whatever, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than one hundred dollars. Employment SEC. 10. Any person having the care, custody or control of any minor in dance houses, child under the age of fifteen years, who shall in any manner 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 passageway or entrance, and any proprietor of any dance house whatever, or 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 etc. Acrobatic, ments. * * less than fifty dollars nor more than one hundred dollars for each offense. SEC. 11. Any person having the care, custody or control of any minor etc., employ-child under the age of fifteen years, who shall in 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 whatsoever, 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, magistrate or court of record, shall be fined not less than fifty dollars nor more than one hundred dollars for each offense. Operating elevators. SEC. 12. No person, firm or corporation shall employ or permit any minor under the age of fourteen years to have the care, custody, management or operation of any elevator. Any person, firm or cor poration, employing any minor under the age of fourteen years to operate, manage or otherwise have the care or custody of an elevator, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not less than twenty-five dollars nor more than one hundred dollars. Women and SEC. 14 (as amended by act No. 266, Acts of 1903). No boy under the age of sixteen years, and no woman or girl of any age, shall be employed children in mines. or permitted to be in any mine for the purpose of employment therein; nor shall a boy under the age of fourteen years or a woman or girl of any age, be employed or permitted to be in or about the outside structures or workings of a colliery for the purpose of employment; but it is provided, however, that this prohibition shall not affect the employInent of a boy or female, of suitable age, in an office or in the performance of clerical work at a colliery. SEC. 15. When an employer is in doubt as to the age of any boy or Certificates. youth applying for employment in or about a mine or colliery, he shall demand and receive proof of the said lawful employment age of such boy or youth, by certificate from the parent or guardian, before said boy or youth shall be employed. SEC. 16. If any person or persons contravene or fail to comply with Violations. the provisions of this act [sections 14 to 16] in respect to the employment of boys, young male persons or females, or if he or they shall connive with or permit others to contravene or fail to comply with said provisions, or if a parent or guardian of a boy or young male person make or give a false certificate of the age of such boy or young male person, or knowingly do or perform any other act for the purpose of securing employment for a boy or young male person under the lawful employment age and in contravention of the provisions of this act, he or they shall be guilty of an offense against this act. Earnings of married women. (Page 1301.) SECTION 39. The separate earnings of any married woman of the Earnings sepState of Pennsylvania, whether said earnings shall be as wages for arate property. labor, salary, property, business or otherwise, shall accrue to and inure to the separate benefit and use of said married woman, and be under the control of such married woman, independently of her husband, and so as not to be subject to any legal claim of such husband, or to the claims of any creditor or creditors of such husband, the same as if such married woman were a feme [femme] sole: * * * Employment of children about mine machinery. (Page 1349.) SECTION 86. A sober and competent person, not under eighteen Breaker engi(18) years of age, shall be engaged to run the breaker engine, and he neers. shall attend to said engine while the machinery is in motion. SEC. 88. No person under fifteen (15) years of age shall be appointed Oilers. to oil the machinery, and no person shall oil dangerous parts of such machinery while it is in motion. neers. SEC. 155. An engineer placed in charge of an engine whereby persons Hoisting engiare hoisted or lowered in any mine shall be a sober and competent person of not less than twenty-one (21) years of age. Night work. Hours of labor. Penalty. School attendance required. BRIGHTLY'S DIGEST-1893-1903. Employment of women and children in bakeries. * (Page 62.) SECTION 1. * * No person under the age of eighteen (18) years shall be employed in any bakehouse between the hours of nine (9) o'clock at night and five (5) in the morning. Excepted from this rule shall be the time on Sunday for setting the sponges for the night's work following. * * * SEC. 13. No minor male or female, or adult woman, shall be employed at labor or detained in any biscuit, bread, pie or cake bakery, pretzel or macaroni establishment, for a longer period than twelve hours in any one day, nor for a longer period than sixty hours in any one week. SEC. 23. Any person who violates any of the provisions of this act, shall be guilty of a misdemeanor, and on conviction before any justice of the peace, magistrate, alderman, mayor or burgess, shall be punished by a fine of not less than twenty nor more than fifty ($50) dollars, for a first offense; and not less than fifty ($50) [dollars] nor more than one hundred ($100) dollars, for a second offense, or imprisonment for not more than ten (10) days; and for a third offense, by a fine of not less than two hundred and fifty ($250) dollars and [not] more than thirty (30) days imprisonment. Employment of children-School attendance. (Page 143.) SECTION 128 (as amended by act No. 237, Acts of 1907). Every parent, guardian, or other person in this Commonwealth having control or charge of a child, or children, between the ages of eight and sixteen years, shall be required to send such child, or children, to a day school in which the common English branches are taught, and such child or children shall attend such school continuously during the entire time in which the public school in their respective districts shall be in session, unless such child or children shall be excused from such attendance by the board of the school district in which the parent, guardian or other person resides, upon the presentation to said board of satisfactory evidence showing such child or children are prevented from attendance upon school or application to study by mental, physical or other urgent reasons. But the term urgent reasons shall be strictly construed, and shall not permit of irregular attendance: Provided, That the school board in each district shall have power, at its June meeting, to reduce the period of compulsory attendance to not less than seventy per centum (70 per centum) of the school term in such district, in which case the board must, at that date, fix the time for compulsory attendance to begin. This act shall not apply to any child between the ages of fourteen and sixteen years, who can read and write the English language intelligently, and is regularly engaged in any useful employment or service. A certificate of age, and ability to read and write the English language intelligently, shall be issued by the superintendent of schools, notary public, justice of the peace, or any other person duly authorized to administer oaths, in cities and boroughs, and by the secretary of the school board in rural districts: Provided, That in case there be no public school in session within two miles, by the nearest traveled road, of any person within the school district, he or she shall not be liable to the provisions of this act: Provided, That this act shall not apply to any child that has been or is being otherwise instructed in English in the common branches of learning, for a like period of time, by any legally qualified governess or private teacher in a family: And provided further. That any teacher or principal of any Employers to private school or educational institution shall report nonattendance, as provided in section five (5) of this act [sec. 132.]: Provided further, That any person employing a child, or children, shall furnish, on or before the third Monday of the school term, and quarterly thereafter, to the superintendent of schools, to the secretary of the board of school directors or controllers of the district in which such child or children Literates. furnish lists. * * * Any Violations reside, the name, age, place of residence, and name of parent or guar- * * * SEC. 130 (as amended by act No. 241, Acts of 1907). The board of school directors or school controllers shall in cities, and may in all other school districts, employ one or more persons, to be known as attendance officers, Such attendance officers shall have authority to enter any place wherein any gainful occupation is carried on, to ascertain whether any child or children not in attendance at school, as provided in section one (1) of this act [sec. 128], are employed therein; and, in pursuance of such authority, such officers, shall have the right to inspect any employment certificates, notices, registers, or other lists required by law to be kept on file or to be posted therein. Any owner, superintendent, lessee, or other person in charge of any place wherein any gainful occupation is carried on, who shall refuse admittance to an attendance officer, or opportunity to an attendance officer for inspecting freely any child or children employed therein, or who shall refuse to permit inspection by an attendance officer of any employment certificate, notice, registers, and other lists required by law to be filed or to be posted therein, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not less than twenty-five dollars nor more than fifty dollars. Such attendance officers shall have authority to dismiss from employment, in any such place wherein any gainful occupation is carried on, any child or children not in attendance at school as provided in section one (1) of this act [sec. 128] and employed therein, and dismissal to take effect at the end of working hours upon the day upon which such dismissal is ordered: Provided, That any child who shall be aggrieved by the order of dismissal of such attendance officer shall have the right of appeal, forthwith, to the county, city, or borough common school superintendent of the district. wherein such child was employed, or his deputy duly authorized by him to hear such appeals, whose duty it shall be forthwith to hear and decide such appeal: Provided, further, That such child who shall be aggrieved by the decision, upon such appeal, of a county, city, or borough common school superintendent, or his deputy afore said, shall have the right of appeal to the court of quarter sessions of the peace of the county wherein such child was employed, which court is Attenda noe officers. Enforcement. Seats to be provided. Toilet rooms. Penalty. Age limit. Enforcement. authorized to hear and decide such appeal, and whose decision shall be * * * In all SEC. 132 (as amended by act No. 241, Acts of 1907). cases of the violation, by any person, firm, or corporation, or of any owner, superintendent, lessee, or other person, in charge of any place wherein any gainful occupation is carried on, of any of the provisions of this act, the superintendent of schools, or the secretary of the board of directors or controllers, or attendance officer if there be one, of the school district within which the offense is alleged to have been committed, in the name of the school district, shall proceed against the offending parties in accordance with the provisions of this act: Provided, That if the costs of prosecution can not be collected from such offending parties defendant, said costs may be paid out of the district funds, upon a proper voucher approved by the board of directors or controllers. Employment of women. (Page 254.) SECTION 6. Every person, firm, association, individual, partnership or corporation, employing girls or adult women in any manufacturing, mechanical or mercantile industry, laundry, workshop, renovating works, or printing office in this State, shall provide suitable seats for the use of the girls and women 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. SEC. 10. A suitable and proper wash and dressing room and waterclosets shall be provided for males and females, where employed in factories and department stores; and the water-closets, wash and dressing room used by females shall not adjoin those used by males, but shall be built entirely away from them, and shall be properly screened and ventilated, and at all time[s] kept in a clean condition. SEC. 21. Any person who violates any of the provisions of this act, or who suffers any child or female 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. In all such cases the hearing shall be conducted by the alderman or justice of the peace before whom information is lodged, and, after full hearing of parties in interest, the alderman or justice of the peace shall impose the fine herein provided, which shall be final unless an appeal be taken to the court of quarter sessions within twenty days from the date of the imposition of the fine, as herein provided. This act (passed in 1901) supersedes the act of 1897. The act of 1897 was constitutional. 15 Superior Ct. 5. The provisions of the act of 1901 which related to the employment of children have been omitted as superseded by act No. 226, Acts of 1905. ACTS OF 1905. ACT No. 222.-Employment of children in mines. (a) SECTION 1. It shall be unlawful for any person, firm, copartnership or corporation to employ any minor child, under the age of sixteen years, inside of any anthracite coal mine, or to employ any minor child, under the age of fourteen years, in any anthracite coal breaker or colliery, or around the outside workings of any anthracite coal mine. SEC. 2. It shall be the duty of the chief of the department of mines of this Commonwealth, and the right of any citizen of this Commonwealth, in the name of the Commonwealth of Pennsylvania, upon any violation of the provisions of section one of this act, to bring suit in the court of common pleas of the county wherein said offense or violation occurred; and if, upon the trial of the case, the jury shall find that such violation did occur, they shall render a verdict against the offending party or parties, to an a This act, except sections one, two, and fourteen, was declared unconstitutional by the court of common pleas of Luzerne County, and, on appeal, by the superior court of the State. (Collett v. Scott.) It is here reproduced, however, as it has not yet been passed upon by the supreme court of the State. |