Department of

labor.

Inspectors.

Clerks.

corporation shall be made upon the president, vice-president, secretary or any director, and if none of them reside in the county where the offense was committed, then service may be made upon the superintendent, foreman or person in charge of the business or place; in case the owner or owners of a building reside without the limits of the county, then service of the process may be made upon the agent in charge of said building, and if there be no such agent, then service of the process may be made by affixing a copy thereof to the main outer door of such building at least ten days before the return day thereof; all proceedings thereafter shall be the same as in an action of debt in said court; the finding of the court shall be that the defendant has or has not, as the case may be, incurred the penalty claimed in the demand of the plaintiff, and judgment shall be given accordingly; in case an execution shall issue and be returned unsatisfied, the court, on application, after notice to the defendant, may award an execution to take the body of the defendant, if an individual, and in case such a defendant is committed under such an execution, he shall not be discharged under the insolvent laws of the State, but shall only be discharged by the court making the order for the body execution, or one of the justices of the supreme court, when such court or justice shall be satisfied that further confinement will not result in the payment of the judgment and costs; all moneys collected under the provisions of this act shall be paid into the treasury of the State of New Jersey.

SEC. 45 (as amended by chapter 257, Acts of 1907). For the purpose of carrying into effect and enforcing the provisions of this act, there shall be and hereby is established a department to be known as the department of labor; the department shall have its main office in Trenton, and shall consist of a commissioner, an assistant commissioner and eleven inspectors; the governor shall, immediately after the passage of this act, with the advice and consent of the senate, appoint some suitable person who shall be a resident and citizen of this State, as head of the said department, at a salary of thirty-five hundred dollars per year, to be paid monthly, whose term of office shall be three years and until his successor is appointed, and whose title shall be commissioner of labor; the commissioner shall, with the approval of the governor, appoint the assistant commissioner, who shall be an experienced machinist; he shall receive a salary of two thousand dollars per year, to be paid monthly; the governor shall appoint eleven suitable persons as inspectors, two of whom shall be women, whose salary shall be one thousand five hundred dollars per year each, to be paid monthly; the terms of office of the assistant and the inspectors shall be three years unless sooner removed by the commissioner; the assistant and the inspectors shall each be furnished with certificates of authority by the secretary of state, and they shall produce the same if so required by any manufacturer; the commissioner shall have the power, out of the appropriation made for the purpose of carrying on the work of the department, to purchase badges for the assistant, the inspectors and himself; the commissioner may divide the State into districts, assign inspectors to such districts, and may, in his discretion, transfer them from one district to another; the commissioner, assistant and inspectors may administer oaths and take affidavits in matters relating to the enforcement of this act; the commissioner shall have the right to employ such department clerks for carrying on the work of the department as may, in his judgment, be necessary; such clerks shall receive such salaries as the commissioner, with the approval of the governor, shall fix, to be paid by the treasurer on warrant of the comptroller in equal monthly installments; when the work of the department shall necessitate the employment of additional inspectors, the commissioner shall have the power to employ such inspectors at such compensation and for such length of time as he may deem necessary, and such extra inspectors shall have the same rights, powers and privileges as the inspectors appointed by the governor; all salaries and expenses incurred by the commissioner, assistant and all inspectors, in the discharge of their duties, and all salaries and expenses necessary to carry out the provisions of this act, shall be paid from the funds of the State,

out of the moneys appropriated for that purpose, by the treasurer, upon warrant of the comptroller, upon presentation of proper vouchers for the same, approved by the commissioner; it shall be the duty of the commissioner to enforce the provisions of this act and to exercise supervision and control over the assistant and the inspectors, and to cause inspections to be made of the factories, mills, workshops, and places where the manufacture of goods of any kind is carried on, by the assistant and the inspectors, as often as practicable, and to make a report of the work of the department to the governor of the State on or before the thirty-first day of October in each year; to prosecute violations of the provisions of this act in any district court, recorders' courts of cities and before any justice of the peace having due jurisdiction, or in any other court of competent jurisdiction in this State; the commissioner, the assistant commissioner and the inspectors shall have the right at all reasonable hours to enter and inspect factories, mills, workshops and places where the manufacture of goods of any kind is carried on, and each inspector shall make a report in writing of such inspections to the commissioner at least once in each week; inspectors shall make out a list of minors discharged, with the name of child in full, residence, street and number, name of place from which such minor was discharged and date of discharge; he shall send or deliver within twenty-four hours, such list to the principal of the public school in the district where the minor resides, or to the truant officer having such school district in charge; every deputy inspector shall devote at least eight hours of every working day except public holidays, and four hours on Saturdays, to the discharge of his or her duties as such deputy inspector, unless prevented by illness or other disability, and no deputy inspector shall engage in any business, occupation or employment during his or her term of office that will in any way interfere with or prevent the full and faithful performance of such duties.

ACTS OF 1905.

CHAPTER 102.-Inspection of bakeries.

Duties.

Bakeries, etc.,

SECTION 1. For the purposes of this act and the act to which it is a supplement [inspection of factories act] biscuits, pies, bread, crackers, are factories. cakes and confectionery shall be interpreted to be goods, and places wherein the same are made or manufactured shall be held and considered as places where goods are manufactured; the word bakery in this act shall include all buildings, rooms or places where biscuits, pies, bread, crackers, cakes and confectionery are made or manufactured, and the provisions of this act, or any supplement thereof or amendment thereto, shall be enforced by the department of labor, and it shall be the duty of the officers of that department to enforce the provisions of this act. All suits brought for violations of any of the provisions of this act shall be brought in the manner and under the same restrictions as is provided for bringing suits under the act to which this is a supplement.

Construction.

SEC. 3. All buildings or rooms where goods are manufactured or made shall be drained and plumbed in a manner that will conduce to the proper and healthful sanitary condition thereof, and shall have air shafts, windows or ventilating pipes sufficient to insure ventilation; no cellar, basement, or place which is below the street level, shall hereafter be used and occupied as a place in which to manufacture biscuits, pies, bread, crackers, cakes and confectionery, except where the same was used for that purpose at the time of the passing of this act. SEC. 4. Every room used for a bakery shall be at least eight feet in Same subject. height and shall have, if required by the said commissioner or assistant commissioner, an impermeable floor, constructed of wood properly saturated with linseed oil; the side walls of such rooms shall be plastered or wainscoted, except where brick walls are shown, and if required by the said commissioner or assistant commissioner, shall be whitewashed at least once in three months; the furniture and utensils in such rooms shall be so arranged that the furniture and floor may at all times be kept in a proper and healthful, sanitary and clean condition; the com

Storage rooms.

Wash rooms,

etc.

Sleeping

places.

Enforcement.

missioner shall have the power to order that any bakery shall be cleaned in such manner as he shall direct; no domestic animal, except cats, shall be allowed to remain in a room used as a bakery.

SEC. 5. Biscuits, pies, bread, crackers, cake and confectionery, after the same are made or manufactured, shall be kept in dry and airy rooms; the floors, shelves, pans, trays and every kind of appliances used for storing the same shall be so arranged that they can be easily and thoroughly cleaned.

SEC. 6. Whoever shall conduct a place covered by the provisions of this act shall provide a proper wash room and water-closet or closet separate and apart from the room or rooms in which the manufacture of the goods is carried on; no water-closet, earth closet or privy shall be within or communicate directly with the room in which goods covered by the provisions of this act are made or manufactured.

SEC. 7. Sleeping places for persons employed in a bakery shall be kept separate from the room or rooms used for the bakery, and the commissioner or assistant commissioner or an inspector may inspect such sleeping places, if they are on the same premises as the bakery, and order them cleaned or changed, in compliance with sanitary principles. SEC. 8 (as amended by chapter 17, Acts of 1907). The commissioner of labor shall be required to enforce compliance with all provisions of this act, and for that purpose it shall be his duty to have all bakeries visited and inspected at least once in six months; and whenever a complaint in writing, signed by any employee in any such bakery or by any officer or representative of any labor union in the county wherein the same is located, shall be received by the said commissioner, stating that any provision of this act is being violated in any bakery, it shall be the duty of the said commissioner forthwith to have the said bakery concerning which complaint is made visited and inspected. The visit or inspection shall be made in the presence of those then working or employed in said bakery, and during the usual hours of employment therein. All bakeries shall be kept at all times in a clean and sanitary condition. If on inspection the commissioner of labor Unclean, etc., find any bakery to be so unclean, ill drained or ill ventilated as to be unsanitary, he may, after not less than forty-eight hours' notice in writing, to be served by affixing the notice on the inside of the main entrance door of said bakery, order the person found in charge thereof immediately to cease operating it until it be properly cleaned, drained or ventilated. If such bakery be thereupon continued in operation, or be thereafter operated before it be properly cleaned, drained or ventilated, the commissioner of labor may, after first making and filing in the public records of his office a written order stating the reasons therefor, at once and without further notice fasten up and seal the oven or other cooking apparatus of said bakery, and affix to all materials, receptacles, tools and instruments found therein, labels or conspicuous signs bearing the word "unclean." No one but the commissioner of labor shall remove any such seal, label or sign, and he may refuse to remove it until such bakery be properly cleaned, drained or ventilated.

bakeries.

Notices.

Violations.

SEC. 10. All notices given under or pursuant to this act, or any act supplementary thereof or mandatory thereto, shall be in writing, signed by the commissioner of labor, and may be served upon the owner or proprietor of the place wherein such violation occurred either by delivering the same to him in person or by sending it to him by mail at his last known post-office address, with postage prepaid; if his postoffice address is not known, then the said notice may be mailed to the address of the bakery or place wherein such violation shall have been committed; the notice providing for the doing of any act or the abating of anything forbidden by this act shall fix the time within which such act shall be done or such thing abated, and if the order shall not be obeyed within the time therein fixed the person so failing to obey shall be liable to the penalty herein fixed for the violation hereof.

SEC. 11. Any person violating any of the provisions of this act, or any owner or proprietor who fails to obey any order of this act, shall be liable to a penalty of fifty dollars for the first offense and one hundred dollars for each subsequent offense.

NEW YORK.

REVISED STATUTES-THIRD EDITION-1901.

Department of labor—Inspector of factories, etc.

(Page 2094.)

Commissioner

SECTION 30 (as amended by chapter 505, Acts of 1907). There shall continue to be a department of labor the head of which shall be the of labor. commissioner of labor who shall be appointed by the governor by and with the advice and consent of the senate and who shall hold office for a term of four years beginning on the first day of January of the year in which he is appointed. He shall receive an annual salary of five thousand dollars. He shall appoint all officers, clerks and other employees in the department of labor. Wherever the title of factory inspector is used in article one of this chapter or the title of commissioner of labor statistics in article four thereof it shall be construed to mean the commissioner of labor.

SEC. 31 (as amended by chapter 505, Acts of 1907). The commis- Deputies. sioner of labor shall forthwith upon entering upon the duties of his office appoint and may at pleasure remove two deputy commissioners of labor, who shall receive such annual salaries, not to exceed three thousand dollars each, as may be appropriated therefor. The powers hereinafter conferred upon the first and second deputy commissioners shall not include the appointment of officers, clerks or other employees in any of the bureaus of the department of labor.

SEC. 32 (as amended by chapter 505, Acts of 1907). The department Bureaus. of labor shall be divided into three bureaus, as follows: Factory inspection, labor statistics and mediation and arbitration.

Subdivision 1.

SEC. 33 (as amended by chapter 505, Acts of 1907). The commissioner of labor, his deputies and their assistants and each special agent and deputy factory inspector may administer oaths and take affidavits in matters relating to the provisions of this chapter.

Powers.

Sub. 2. No person shall interfere with, obstruct or hinder by force Hindering or otherwise the commissioner of labor, his deputies, their assistants commissioner. or the special agents or deputy factory inspectors while in the performance of their duties, or refuse to properly answer questions asked by such officers pertaining to the provisions of this chapter, or refuse them admittance to any place where and when labor is being performed which is affected by the provisions of this chapter.

Sub. 3. All notices, orders and directions of deputies, assistants, Notices, etc. special agents and deputy factory inspectors given in accordance with this chapter are subject to the approval of the commissioner of labor. And all acts, notices, orders, permits and directions by any provisions of this chapter directed to be performed or given by the factory inspector, chairman of the board of mediation and arbitration or other officer of the department of labor may be performed or given by and in the name of the commissioner of labor and by any officer of the department thereunto duly authorized by such commissioner in the name of such commissioner.

Sub. 4. The commissioner of labor may procure and cause to be used Badges. badges for himself and his subordinates in the department of labor while in the performance of their duties.

SEC. 34 (as amended by chapter 505, Acts of 1907). All necessary Expenses. expenses incurred by the commissioner of labor in the discharge of his duties shall be paid by the State treasurer upon the warrant of the comptroller issued upon proper vouchers therefor. The reasonable and necessary traveling and other expenses of the deputy commissioners, their assistants, the special agents and statisticians, the deputy factory inspectors and other field officers of the department while engaged in the performance of their duties shall be paid in like manner upon vouchers approved by the commissioner of labor and audited by the comptroller.

Suboffices.

Reports.

Counsel.

Bureau of statistics.

SEC. 35 (as amended by chapter 505, Acts of 1907). The commissioner of labor may establish and maintain a suboffice in any city of the first class if in his opinion it be necessary. He may designate any one or more of his subordinates to take charge of and manage any such office, subject to his direction. The reasonable and necessary expenses of such office shall be paid as are other expenses of the commissioner of labor.

SEC. 36 (as amended by chapter 505, Acts of 1907). The commissioner of labor shall report annually to the legislature.

SEC. 38 (as amended by chapter 505, Acts of 1907). The commissioner of labor may employ counsel in the department of labor to represent the department or to assist in the prosecution of actions or proceedings brought under the provisions of this chapter. Such counsel shall receive such compensation as may otherwise be provided by law. SEC. 40 (as amended by chapter 505, Acts of 1907). There shall continue to be a bureau of labor statistics, which shall be under the immediate charge of a chief statistician, but subject to the direction and supervision of the commissioner of labor.

Reports to SEC. 41 (as amended by chapter 505, Acts of 1907). The commissioner contain what. of labor shall collect, assort, systematize and present in annual reports to the legislature, statistical details in relation to all departments of labor in the State, especially in relation to the commercial, industrial, social and sanitary condition of workingmen and to the productive industries of the State. He may subpoena witnesses, take and hear testimony, take or cause to be taken depositions and administer oaths.

Reports from owners, etc.

Bureau of inspection.

Deputy inspectors.

Districts.

SEC. 42 (as amended by chapter 505, Acts of 1907). The owner, operator, manager or lessee of any mine, factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment, or any agent, superintendent, subordinate, or employee thereof, and any person employing or directing any labor affected by the provisions of this chapter, shall, when requested by the commissioner of labor, furnish any information in his possession or under his control which the commissioner is authorized to require, and shall admit him to any place where labor is carried on which is affected by the provisions of this chapter for the purpose of inspection. All statistics furnished to the commissioner of labor, pursuant to this article, may be destroyed by such commissioner after the expiration of two years from the time of the receipt thereof. A person refusing to admit such commissioner, or a person authorized by him, to any such establishment, or to furnish him any information requested, or who refuses to answer or untruthfully answers questions put to him by such commissioner, in a circular or otherwise, shall forfeit to the people of the State the sum of one hundred dollars for each refusal or untruthful answer given, to be sued for and recovered by the commissioner in his name of office. The amount so recovered shall be paid in to the State treasury.

SEC. 60 (as amended by chapter 505, Acts of 1907). There shall continue to be a bureau of factory inspection. The first deputy commissioner of labor shall be the factory inspector of the State and in immediate charge of this bureau, but subject to the direction and supervision of the commissioner of labor.

SEC. 61(as amended by chapter 505, Acts of 1907). The commissioner of labor may appoint from time to time not more than sixty persons as deputy factory inspectors, not more than ten of whom shall be women, and who may be removed by him at any time. The deputy factory inspectors may be divided into three grades, but not more than five shall be of the third grade. Each deputy inspector of the first grade shall receive an annual salary of one thousand dollars, each of the second grade an annual salary of one thousand two hundred dollars and each of the third grade an annual salary of one thousand five hundred dollars.

SEC. 62 (as amended by chapter 505, Acts of 1907). Subdivision 1. The commissioner of labor may divide the State into districts, assign one or more deputy factory inspectors to each district, and may in his discretion transfer them from one district to another; he may assign any of them to inspect any special class or classes of factories or to enforce