2. When the board of education in a city or district shall have established part-time and continuation schools or courses of instruction for the education of young persons between fourteen and sixteen years of age who are regularly employed in such city or district, said board of education may require the attendance in such schools or on such courses of instruction of any young person in such a city or district who is in possession of an employment certificate duly issued under the provisions of the labor law, who has not completed such courses of study as are required for graduation from the elementary public schools of such city or district, or equivalent courses of study in parochial or other elementary schools, who does not hold either a certificate of graduation from the public elementary school or a pre-academic certificate of the completion of the elementary course issued by the education department, and who is not otherwise receiving instruction approved by the board of education as equivalent to that provided for in the schools and courses of instruction established under the provisions of this act. The required attendance provided for in this paragraph shall be for a total of not less than thirty-six weeks per year, at the rate of not less than four and not more than eight hours per week, and shall be between the hours of eight o'clock in the morning and five o'clock in the afternoon of any working day or days. 3. The children attending such part-time or continuation schools as required in paragraph two of this section shall be exempt from the attendance on evening schools required in paragraph one of this section. (As amended by chapter 748, Laws of 1913.) § 623. Instruction elsewhere than at a public school. If any such child shall so attend upon instruction elsewhere than at a public school, such instruction shall be at least substantially equivalent to the instruction given children of like age at the public school of the city or district in which such child resides; and such attendance shall be for at least as many hours each day thereof as are required of children of like age at public schools; and no greater total amount of holidays or vacations shall be deducted from such attendance during the period such attendance is required than is allowed in such public school to children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practice of such public schools. Labor Law does not apply to employment of children in schools or in indus trial departments of institutions for children.- Compulsory Education Law does apply. STATE OF NEW YORK, ALBANY, April 4, 1901 KOBERT W. HEBBERD, Secretary, State Board of Charities, Capitol, Albany, N. Y.: DEAR SIR.-I am pleased to acknowledge the receipt of your favor of the 2d instant, enclosing a copy of the report of a special inspection of St. Vincent's Industrial School, of Utica, N. Y., which is herewith returned. You request the opinion of this Department as to whether the employment of children in the industrial department of the institution is contrary to section 70 of the Labor Law; and further, as to whether or not the provisions of title 16 of the Consolidated School Law, known as the Compulsory Education Act, have application to this institution. 66 66 Respecting the first inquiry, I would say that I have examined the provisions of the Labor Law, and find that by section 2 of that act, the term employee," as therein used, is defined to mean a mechanic, workingman or laborer who works for another for hire." Also that the term "factory," as therein used, shall be construed "to include also any mill, workshop or other manufacturing or business establishment, where one or more persons are employed at labor." Section 70 of the same act provides, that "A child under the age of fourteen years shall not be employed in any factory in this State; a child between the ages of fourteen and sixteen shall not be employed unless a certificate executed by a health officer be filed in the office of the employer." I do not believe that the provisions of the Labor Law have application or were intended to apply to the employment of children in the industrial department of an institution such as is referred to in your communication. I am informed that the pupils or children in question do not work for hire, as above specified, neither do they obtain compensation for their services. The work which is done by them in the industrial department, as I understand it, is a part of their education furnished by the institution, and the fact that what they may manufacture is disposed of by the institution, would hardly seem to constitute them employees, within the meaning of the act, nor the institution a factory. The main purpose of an industrial department of this description is education, and not trade or business. I think the provisions of the act above referred to make it plain that the Legislature never intended that the same should have application to schools or to institutions of the description referred to in your letter. Respecting your second inquiry, as to the application of the compulsory education law to this school, I would say that I am of the opinion that section 3 of that act would apply. Its provisions are very broad and apparently all children, with the specific exceptions therein referred to, are affected by it. The section, among other things, provides: "If any such child shall so attend upon instruction elsewhere than at a public school, such instruction shall be at least substantially equivalent to that given children of like age at the public school of the city or district in which such child resides, etc." In view of the fact that the act by its express terms, as suggested, refers to all children therein described, it would seem as though the language quoted would have special application to such as might be under instruction in an institution of the description referred to in your letter. Trusting the foregoing is sufficient for your purpose, I am, Very truly yours, JOHN C. DAVIES, Attorney-General. § 624. Duties of persons in parental relation to children. Every person in parental relation to a child within the compulsory school ages and in proper physical and mental condition to attend school, shall cause such child to attend upon instruction, as follows: 1. In cities and school districts having a population of five thousand or above, every child between seven and sixteen years of age as required by section six hundred and twenty-one of this act unless an employment certificate shall have been duly issued to such child under the provisions of the labor law and he is regularly employed thereunder. 2. Elsewhere than in a city or school district having a population of five thousand or above, every child between eight and sixteen years of age, unless such child shall have received an employment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise. or messages, or unless such child shall have received the school record certificate issued under section six hundred and thirty of this act and is regularly employed elsewhere than in the factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. § 625. Penalty for failure to perform parental duty. A violation of section six hundred and twenty-four shall be a misdemeanor, punishable for the first offense by a fine not exceeding five dollars, or five days' imprisonment, and for each subsequent offense by a fine not exceeding fifty dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. Courts of special session and police magistrates shall, subject to removal as provided in sections fifty-seven and fifty-eight of the code of criminal procedure, have exclusive jurisdiction in the first instance to hear, try and determine charges of violations. of this section within their respective jurisdictions. § 626. Unlawful employment of children and penalty therefor. It shall be unlawful for any person, firm or corporation: 1. To employ any child under fourteen years of age, in any business or service whatever, for any part of the term during which the public schools of the district or city in which the child resides are in session. 2. To employ, elsewhere than in a city of the first class or a city of the second class, in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages, any child between fourteen and sixteen years of age who does not at the time of such employment present an employment certificate duly issued under the provisions of the labor law, or to employ any such child in any other capacity who does not at the time of such employment present a school record certificate as provided in section six hundred and thirty of this chapter. 3. To employ any child between fourteen and sixteen years of age in a city of the first class or a city of the second class who does not, at the time of such employment, present an employment certificate, duly issued under the provisions of the labor law. § 627. Employer must display record certificate and evening part-time or continuation school certificate. The employer of any child between fourteen and sixteen years of age in a city or district shall keep and shall display in the place where such child is employed, the employment certificate and also his evening, part-time or continuation school certificate issued by the school authorities of said city or district or by an authorized representative of such school authorities, certifying that the said child is regularly in attendance at an evening, part-time or continuation school of said city as provided in section six hundred and thirty-one of this chapter. (As amended by chapter 748, Laws of 1913.) § 628. Punishment for unlawful employment of children. Any person, firm, or corporation, or any officer, manager, superintendent or employee acting therefor, who shall employ any child contrary to the provisions of section six hundred and twenty-six and six hundred and twenty-seven hereof shall be guilty of a misdemeanor, and the punishment therefor shall be for the first offense a fine of not less than twenty dollars nor more than fifty dollars; for a second and each subsequent offense, a fine of not less than fifty dollars nor more than two hundred dollars. (As amended by chapter 748, Laws of 1913.) § 629. Teachers must keep record of attendance. An accurate record of the attendance of all children between seven and sixteen years of age shall be kept by the teacher of every school, showing each day by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction any such child shall attend elsewhere than at school, shall keep a like record of such attendance. Such record shall, at all times, be open to the attendance officers or other person duly authorized by the school authorities of the city or district, who may inspect or copy the same; and every such teacher shall fully answer all inquiries, lawfully made by such authorities, inspectors, or other persons, and a willful neglect or refusal so to answer any such inquiry shall be a misdemeanor. § 630. School record certificate. 1. A school-record certificate shall contain a statement certifying that a child has regularly attended the public schools, or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday |