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CHILD LABOR LAWS

CHAPTER 151, LAWS OF 1903

AN ACT TO AMEND THE LABOR LAW RELATING TO CHILDREN WORKING IN STREETS AND PUBLIC PLACES IN CITIES OF THE FIRST CLASS

Became a law, April 8, 1903, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor, constituting chapter thirty-two of the general laws," is hereby amended by renumbering articles twelve and thirteen to be known as articles thirteen and fourteen respectively and by inserting therein a new article, to be known as article twelve, and to read as follows:

ARTICLE XII

EMPLOYMENT OF CHILDREN, IN STREET TRADES

Section 174. Prohibited employment of children in street trades.

175. Permit and badge for newsboys, how issued.

176. Contents of permit and badge.

177. Regulations concerning badge and permit.
178. Badge and permit to be surrendered.

179. Limit of hours.

179a. Violation of this article, how punished.

*Section 174. Prohibited employment of children in street trades.-No male child under ten, and no girl under sixteen years of age, shall in any city of the first or second class sell or expose or offer for sale newspapers in any street or public place.

Section 175. Permit and badge for newsboys, how issued.-No male child actually or apparently under fourteen years of age shall sell or expose or offer for sale said articles unless a permit and badge as hereinafter provided shall have been issued to him by the district superintendent of the board

*As amended by chapter 519, laws of 1905.

of education of the city and school district where said child resides, or by such other officer thereof as may be officially designated by such board for that purpose, on the application of the parent, guardian or other person having the custody of the child desiring such permit and badge, or in case said child has no parent, guardian or custodian, then on the application of his next friend, being an adult. Such permit and badge shall not be issued until the officer issuing the same shall have received, examined, approved and placed on file in his office satisfactory proof that such male child is of the age of ten years or upwards. No permit or badge provided for herein shall be valid for any purpose except during the period in which such proof shall remain on file, nor shall such permit or badge be authority beyond the period fixed therein for its duration. After having received, examined, approved and placed on file such proof the officer shall issue to the child a permit and badge.

Section 176. Contents of permit and badge. Such permit shall state the date and place of birth of the child, the name and address of its parent, guardian, custodian or next friend as the case may be and describe the color of hair and eyes, the height and weight and any distinguishing facial mark of such child, and shall further state that the proof required by the preceding section has been duly examined, approved and filed; and that the child named in such permit has appeared before the officer issuing the permit. The badge furnished by the officer issuing the permit shall bear on its face a number corresponding to the number of the permit, and the name of the child. Every such permit, and every such badge on its reverse side, shall be signed in the presence of the officer issuing the same by the child in whose name it is issued.

*Section 177. Regulations concerning badge and permit.—The badge provided for herein shall be worn conspicuously at all times by such child while so working; and such permit and badge shall expire at the end of one year from the date of their issue. No child to whom such permit and badge are issued shall transfer the same to any other person nor be engaged in any city of the first or second class as a newsboy, or shall sell or expose or offer for sale newspapers in any street or public place without having upon his person such badge, and he shall exhibit the same upon demand at any time to any police, or attendance officer.

Section 178. Badge and permit to be surrendered.--The parent, guardian, custodian or next friend, as the case may be, of every child to whom such permit and badge shall be issued shall surrender the same to the authority by which said permit and badge are issued at the expiration of the period provided therefor.

*As amended by chapter 519, laws of 1905.

Section 179. Limit of hours.-No child to whom a permit and badge are issued as provided for in the preceding sections shall sell or expose or offer for sale any newspapers after ten o'clock in the evening.

*Section 179a. Violation of this article, how punished.—Any child who shall work in any city of the first or second class in any street or public place as a newsboy, or shall sell or expose or offer for sale newspapers under circumstances forbidden by the provisions of this article, must be arrested and brought before a court or magistrate having jurisdiction to commit a child to an incorporated charitable reformatory or other institution and be dealt with according to law; and if any such child is committed to an institution, it shall, when practicable, be committed to an institution governed by persons of the same religious faith as the parents of such child.

Section 2. Nothing in this act contained shall be deemed or construed to repeal, amend, modify, impair or in any manner, affect any provision of the penal code or the code of criminal procedure.

Section 3. This act shall take effect September first, nineteen hundred and three.

Chapter 519, laws of 1905, took effect on September 1, 1905.

CHAPTER 184, LAWS OF 1903

AN ACT TO AMEND THE LABOR LAW, RELATIVE TO THE EMPLOYMENT OF WOMEN AND CHILDREN IN FACTORIES

Became a law, April 15, 1903, with the approval of the Governor. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Sections seventy, seventy-one, seventy-two, seventy-three, seventy-six, of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, entitled "An act in relation to labor, constituting chapter 32 of the general laws," are hereby amended so as to read as follows:

Section 70. Employment of minors.-No child under the age of fourteen years shall be employed, permitted or suffered to work in or in connection with any factory in this state. No child between the ages of fourteen and sixteen years shall be so employed, permitted or suffered to work unless an employment certificate issued as provided in this article shall have been theretofore filed in the office of the employer at the place of employment of such child.

*As amended by chapter 519, laws of 1905.

Section 71. Employment certificate how issued. Such certificate shall be issued by the commissioner of health or the executive officer of the board or department of health of the city, town or village where such child resides, or is to be employed, or by such other officer thereof as may be designated, by such board, department or commissioner for that purpose, upon the application of the parent or guardian or custodian of the child desiring such employment. Such officer shall not issue such certificate until he has received, examined, approved, and filed the following papers duly executed: (1) The school record of such child properly filled out and signed as provided in this article. (2) A passport or duly attested transcript of the certificate of birth or baptism or other religious record, showing the date and place of birth of such child. A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics, or other officer charged with the duty of recording births shall be conclusive evidence of the age of such child. (3) The affidavit of the parent or guardian or custodian of the child, which shall be required, however, only in case such last-mentioned transcript of the certificate of birth be not produced and filed, showing the place and date of birth of such child; which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath, and who shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child farther has personally appeared before and been examined by the officer issuing the certificate, and until such officer shall, after making such examination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that in his opinion the child is fourteen years of age or upwards and has reached the normal development of a child of its age, and is in sound health, and is physically able to perform the work which it intends to do. In doubtful cases such physical fitness shall be determined by a medical officer of the board or department of health. Every such employment certificate shall be signed, in the presence of the officer issuing the same, by the child in whose name it is issued.

Section 72. Contents of certificate.-Such certificate shall state the date and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and that, the papers required by the preceding section have been duly examined, approved and filed, and that the child named in such certificate has appeared before the officer signing the certificate and been examined.

Section 73. School record, what to contain.-The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be furnished, on demand, to a child entitled thereto or to the board, department or commissioner of

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