Age limit. Exceptions. Hours of labor. Statement to age. bor. as REVISAL OF 1905. Earnings of married women. SECTION 2093. [This section repeats the language of the section of the State constitution given above.] Employment of children. SECTION 3362. If any mill owner, superintendent or other person acting in behalf of a factory or manufacturing establishment shall knowingly and willfully employ any child under twelve years of age to work in any factory or manufacturing establishment, except in oyster canning and packing manufactories where said canning and packing manufactories pay for opening or shucking oysters by the galfon or bushel, he shall be guilty of a misdemeanor. Employment of minors in violation of this section is negligence, which, if followed by injury, gives a cause of action. 53 S. E. Rep. 891. Illegal employment is negligence per se. 57 $. E. Rep. 11. SEC. 3363. If any mill owner, superintendent, or other person acting in behalf of a factory or manufacturing establishment shall knowingly and willfully require any person under eighteen years of age, except engineers, firemen, machinists, superintendents, overseers, section and yard hands, office men, watchmen or repairers of breakdowns, to work in such factories or establishments a longer period than sixtysix hours in one week, he shall be guilty of a misdemeanor. SEC. 3364. If any parent or person standing in the relation of parent, upon hiring his children to any factory or manufacturing establishment, shall fail to furnish such establishment a written statement of the age of such child or children being so hired, and if any such parent, or person standing in the relation of parent to such child or children shall, in such written statement misstate the age of such child or children being so employed he shall be guilty of a misdemeanor, and upon conviction shall be punished at the discretion of the court. Employing minors with intent to defraud. Failure to SECTION 3428a. Whenever any person having a contract with any pay price for la- corporation, company or person for the manufacture or change of any raw material by the piece or pound shall hire and employ any minor to assist in said work upon the faith of and by color of said contract and with intent to cheat and defraud said minor, and shall secure the contract price and shall willfully fail to pay said minor when he shall have performed his part of said contract work, whether done by the day or by the job, the person so offending shall be guilty of a misdemeanor, and upon conviction shall be fined not more than fifty dollars or imprisoned not more than thirty days. Penalty. Consent of parents. Employing minors for service outside of State. SECTION 3630. If any person shall employ and carry beyond the limits of this State, any minor, or shall induce any minor to go beyond the limits of this State for the purpose of employment without the consent in writing, duly authenticated, of the parent, guardian or other person having authority over such minor, he shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than five hundred and not more than one thousand dollars for each offense. The fact of the employment and going out of the State of the minor, or of the going out of the State by the minor, at the solicitation of the person for the purpose of employment, shall be prima facie evidence of knowledge that the person employed or solicited to go beyond the limits of the State is a minor. Hiring out women and children to support men in idleness. SECTION 3740. If any person shall come within any of the following Who are classes, he shall be deemed a vagrant, and shall be fined not exceeding grants. fifty dollars or imprisoned not exceeding thirty days. 6. All able-bodied men who have no other visible means of support who shall live in idleness upon the wages or earnings of their mother, wife or minor child or children, except male child or children over eighteen years of age. Employment of children in mines. SECTION 4931. No minor under twelve years of age shall be allowed Age limit. to work in any mine, 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; and the inspector may, when doubt exists as to the age of any person found working in any mine, examine under oath such person and his parents, or other witnesses, as to his age. va SEC. 4952. The provisions of this chapter shall not apply to or affect Application of any mine in which not more than ten men are employed at the same time; * * * law. ACTS OF 1907. CHAPTER 463.-Employment of children. SECTION 1. No child under twelve years of age shall be employed or worked in any factory or manufacturing establishment within this State: Provided further, That after one thousand nine hundred and seven no child between the ages of twelve and thirteen years of age shall be employed or work in a factory except in apprenticeship capacity, and only then after having attended school four months in the preceding twelve months. Age limit. SEC. 2. Not exceeding sixty-six hours shall constitute a week's work Hours of labor. in all factories and manufacturing establishments of this State. No person under eighteen years of age shall be required to work in such factories or establishments a longer period than sixty-six hours in one week: Provided, That this section shall not apply to engineers, firemen, machinists, superintendents, overseers, section and yard hands, office men, watchinen or repairers of breakdowns. SEC. 3. All parents, or persons standing in the relation of parent, Certificates. upon hiring their children to any factory or manufacturing establish ment, shall furnish such establishment a written statement of the age of such child or children being so hired, and certificate as to school at tendance; and any parent, or person standing in the relation of parent Penalty. court. SEC. 4. After one thousand nine hundred and seven no boy or girl Night work. under fourteen years old shall work in a factory between the hours of eight p. m. and five a. in. SEC. 5. This act shall be in lorce from and after January first, one thousand nine hundred and eight. Act in force, when. Age limit. School attendance required. 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. 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 education of the city or village whenever it shall be shown to their satisfaction, 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 approved 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 declared 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 transportation for such children to and from school. In districts having consolidated 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, Employment SEC. 897. No child between eight and fourteen years of age shall be during school hours. employed in any mine, factory or workshop or mercantile establishment, or, except by his parents or guardian, in any other manner, during the hours when the public schools in the city, village or district are in session, unless the person employing him shall first procure a certificate 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 application of the parent, guardian or other persons having control of such child, entitled to the same. Certificate. Penalty. 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 than twenty nor more than fifty dollars and costs. Each person authorized 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. Earnings sepa 2. The earnings of the wife are not liable for the debts of the husband and the earnings and accumulations of the wife and of her minor children rate property. living with her er in her custody, while she is living separate from her husband, are the separate property of the wife. to 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 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. a 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 be employed in running or operating any electric, steam or hydraulic passenger or freight elevators, and it shall be unlawful for any firm, company or person in the State of Ohio, owning, operating or having in charge any such passenger or freight elevator or elevators to employ a person under twenty-one years of age to run or operate any such elevator. SEC. 2575-92. Any person, firm or corporation, or any agent, trustee, director, officer or employee of any person, firm or corporation, who shall employ any person contrary to the provisions of the foregoing section, or who shall violate any of its provisions, shall, upon conviction thereof, be fined in any sum not less than twenty-five nor more than one 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). All parents, guardians and other persons who have care of children, shall 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 or 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 of the public schools, 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 superintendent, or by the principal of the private or parochial school, upon satisfactory showing, either that the bodily or mental condition of the child does not permit of its 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. * * * * * * * 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 corporation during the school term and while the public schools are in session, unless such child shall present to such person, company or corporation 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 superintendent, 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. |