shall not be so construed as to apply to the employment of any person in any mercantile establishment on any Saturday of the year, except that the total number of hours of labor per week of a male under sixteen or a female under twenty-one shall not exceed sixty hours. None of the provisions of this section shall apply to the employment of any persons between the fifteenth day of December of any year and the first day of January of the year next following. L. 1896, c. 384, § 1.

27 Employment of children; register of age, etc.; certificate; penalties. No child under fourteen years of age shall be employed in any mercantile establishment in this state. It shall be the duty of every person employing children to keep a register in which shall be recorded the name, birthplace, age and place of residence of every person employed by him under the age of sixteen years; and it shall be unlawful for any proprietor, agent, foreman, or other person in or connected with a mercantile establishment, to hire or employ any child under the age of sixteen years to work therein without there is first provided and placed on file in the office thereof a certificate as hereinafter set forth. Which said register and certificate shall be produced for inspection on demand made by the board or department of health or health commissioner or commissioners of any city or town or incorporated village where such child is employed. The certificate to be provided as above set forth shall be a certificate from the board or department of health or health commissioner or commissioners of the city or town where such child resides or is employed, or is about to be employed, which said certificate shall state the date and place of birth of such child whenever possible, and shall describe as accurately as may be the color of hair, color of eyes, height and weight, and any distinguishable facial marks of said child, and shall further state that the health commissioner or commissioners or the executive officer or officers of the board, or department of health, or any person or persons designated by him or them, as hereinafter provided, is satisfied that such child is physically able to perform the work which it intends to do, and that the date of birth of said child as set forth in said certificate is correct. Wherever the date of birth of such child cannot be ascertained by said board or department of health, health commissioner or commissioners, such certificate so provided shall so set forth and shall state that the health commissioner or commissioners or executive officer cr officers of the board or department of health, or the person or persons designated by them as hereinafter provided is satisfied that such child is fourteen years of age or upwards. It shall be the duty of the board or department of health or health commissioner or commissioners of the cities and towns of the state to issue the certificates as above set forth to any child applying therefor; provided, however, that such board or department of health, or health commissioner or commissioners, shall first ascertain the date and place of birth of the child wherever possible, the color of hair, color of eycs, height and weight, and any distinguishing facial marks of said child, and the physical fitness of such child. for the work which it intends to do. Such certificate shall not be issued, however, unless there shall be placed on file with such board or department of health, or health commissioner or commissioners, the affidavit of the parent or guardian of such child, or person standing in parental relation to it, stating the age, date and place of birth of said child, and unless such board or department of health or health commissioner or commissioners, or any person or persons designated by them as hereinafter set forth are satisfied that said child is fourteen years of age or upwards, and has regularly attended upon instruction at a school in which at least the common branches of reading, spelling, writing, arithmetic, English grammar and geography are taught, or upon equivalent instruction by a competent teacher elsewhere than at a school for a period equal to one school year, that is to say, to as many days as the public school of the city or school district in which such child resides was in session during the last preceding school year; or if said child be a nonresident, then to as many days of the public school of the city or town where such child is or is about to be employed was in session during the

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last preceding school year. The foregoing provisions of this section shall not, however, be so construed as to prevent any child twelve years of age or upwards, who can read and write simple sentences in the English language from being employed in any mercantile establishment in this state during the vacation of the public schools in the city or school district where such child lives, or if such child be a nonresident, then during the vacation of the public schools in the city or school district where said mercantile establishment is situated, if all of the provisions hereinbefore set forth, except that requiring school attendance shail have been complied with. Where such child of the age of twelve years or upwards has complied with all the provisions of this section except that requiring school attendance, the certificate issued by the board or department of health, or health commissioner or commissioners of the city or town in which such child resides shall so set forth, and shall be designated a "vacation certificate" and it shall be unlawful for any proprietor, agent, foreman, or other person in or connected with a mercantile establishment, to hire or employ any child under the age of fourteen years, to whom such I vacation certificate only has been issued, at any time other than the time of the school vacation of the public school in the city or school district where such child resides, or if it be a nonresident, at any time other than the time of the school vacation of the public school in the city or school district where such mercantile establishment is situated, the certificate or certificates to be issued in accordance with the provisions of this section shall be over the signature of the board or department of health or any executive officer or officers thereof, or of the health commissioner or commissioners of the city or town where such child resides or is employed, or about to be employed, or over the signature of any person or persons designated by such board or department or health commissioner or commissioners for that purpose, which designation shall be in writing, and filed in the office of the clerk of the county in which the office of said board or department of health or health commissioner or commissioners is situated. It shall be the duty of the principal or the executive officer of any school, or of a teacher elsewhere than at a school, to furnish upon demand to any child who has attended upon instruction at such school, or by such teacher, or to furnish to the board or department of health, or health commissioner or commissioners of any city or town a certificate stating the school attendance by such child. L. 1896, c. 384, § 2. 28 Fees. It shall be unlawful for any notary public or other officer authorized and empowered by law to administer to any person an oath, to demand or receive a fee for taking or administering an oath, to a parent or guardian or a person in parental relation to any child as to the age of such child, where the affidavit thus taken is used or intended to be used for the purpose of obtaining a certificate as provided for in the foregoing section, from any board or department of health or health commissioner or commissioners as therein set forth. Id., § 3. 29 Definitions. The words "mercantile establishment" wherever used in this act shall be construed to mean any place where goods, wares, or merchandise are offered for sale. Id., § 4.

30 Wash rooms and water closets; lunch rooms; permits by health board. A suitable and proper wash-room and water-closets shall be provided in each mercantile establishment in which women and children are employed, or in or adjacent to or connecting with the building in which such mercantile establishment so having women and children employed therein is situated, and so located and arranged as to be easily accessible to the employes of such establishment, and such water-closets shall be properly screened and ventilated, and kept at all times in a clean condition, and the water-closets assigned to the women and girls employed in such establishment shall be wholly separate and apart from those assigned to men. Wherever a lunch room is provided in any retail mercantile establishment where females are employed, such place shall not be next to or adjoining any water-closet or water-closets, unless permission is first obtained from the board or department of health, or health commissioner or commissioners

of the city or town where such mercantile establishment is situated, which permission shall be granted by such board or department of health, or health commissioners unless such board or department of health or health commissioner or commissioners are satisfied that proper sanitary conditions do not exist, and such permission shall be revoked at any time when such board or department of health or health commissioner or commissioners are satisfied that such lunch-room or lunch place is kept in a manner or in a part or parts of the building injurious to the health of the persons using the same. Id., § 5.

31 Seats. It shall be the duty of all employers of females in any mercantile establishment to provide and maintain chairs or stools or other suitable seats for the use of such female employes to the number of one seat for every three females employed, and to permit the use of such seats by such employes, at reasonable times, to such an extent as may be requisite for the preservation of their health. And such employes shall be permitted to use same as above set forth in front of the counter, table, desk or any fixture, when the female employe for the use of whom said seat shall be kept and maintained is principally engaged in front of said counter, table, desk or fixture; and behind such counter, table, desk or fixture, when the female employe for the use of whom said seat shall be kept and maintained is principally engaged behind said counter, table, desk or fixtures. Id., § 6.

32 Seats for female employees. It shall be the duty of all employers of females in any mercantile or manufacturing business or occupation to provide and maintain suitable seats for the use of such female employees, and to permit the use of such seats by such employees to such an extent as may be reasonable for the preservation of their health. L. 1881, c. 298, § 1.

33 Violation of last section. Any violation of this act by any employer shall be deemed a misdemeanor. Id., § 2.

434 Employment of women and children in basements; examination as to same. No woman or children shall be employed in the basement of any mercantile establishment unless permission is obtained by the proprietor of the establishment from the board or department of health or health commissioner or commissioners in the city or town in which said mercantile establishment is situated, allowing the employment of women and children in such basement. The board or department of health or health commissioner or commissioners shall not grant such permission unless they are satisfied that such basement is sufficiently lighted and ventilated and is in all respects in the sanitary condition which is necessary for the health of those employed. L. 1896, c. 384, § 7.

35 Noonday meals. Not less than forty-five minutes shall be allowed for the noonday meal in any mercantile establishment in this state. Id., § 8.

36 Enforcement of act; inspection of establishments; obstructing officer. It shall be the duty of the board or department of health or health commissioner or commissioners of the cities and towns in the state to cause this act to be enforced, and whenever any of the provisions of this act are violated to cause all violators thereof to be prosecuted, and for that purpose, the health commissioner or commissioners and the officers or officer of the board of health of every city or town in the state, or the inspectors thereof, or any other persons designated by such board of health or health commissioners, are authorized and empowered to visit and inspect at all reasonable hours and as often as shall be practicable and necessary all mercantile establishments in the city or town in which the office of said board or department of health or health commissioner or commissioners is situated. It shall be unlawful for any person to interfere with or obstruct or injure by force or otherwise any officer or employe of any board or department of health or of any health commissioner or commissioners appointed to enforce the provisions of this act, while in the performance of his or her duties, or to refuse to properly answer questions asked by such officer or employes in reference to any of the provisions of this act. Id., § 9.

37 Commencement of proceedings. Proceedings under this act must be begun within thirty days after the commission of the alleged offense. L. 1896, c. 381, § 10.

38 Violation of act; notice to provide washrooms and closets; penalty. Any person who violates or omits to comply with any of the foregoing provisions of this act, or who suffers or permits any child to be employed in violation of its provisions, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than twenty dollars, nor more than one hundred dollars for the first offense, and not less than forty dollars nor more than two hundred dollars, or by imprisonment of not more than sixty days for a second offense, and for a third offense by a fine of not less than two hundred dollars nor more than three hundred dollars, or by imprisonment of not more than ninety days, or by both such fine and imprisonment. If the board or department of health, or health commissioner or commissioners charged by the ninth section of this act with the duty of causing this act to be enforced, shall discover that any mercantile establishment has more than four women and children employed therein, so as to require such provisions of wash-room and water-closets to be made therefor, as by the fifth section of this act is required, and that such wash-room and water-closets have not been provided, it shall be the duty of such board or department of health, or health commissioner or commissioners to cause to be served on the owner or owners of the building in which such mercantile establishment is situated, written notice of such omission, and requiring such wash-room and water-closets to be provided, and if such owner or owners shall thereupon cause fit wash-room and water-closets to be provided within fifteen days after receipt of such notice, he or they shall not be deemed guilty of a misdemeanor in respect of the obligation to provide the same. Id., § 11.

39 A copy of this act shall be posted in three different conspicuous parts of every mercantile establishment in this state where persons are employed who are affected by the provisions of this act. The foregoing provisions of this act shall apply to cities and incorporated villages of this state which at the last state census had a population of three thousand or more. Id., § 12.

40 All acts or parts of acts inconsistent with this act are hereby repealed. Id., § 13.

41

This act shall take effect September first, eighteen hundred and ninety-six. Id., § 14.

Penal Provisions.

42 Substituting one child for another. A person, to whom a child has been confided for nursing, education, or any other purpose, who, with intent to deceive a parent, guardian or relative of the child, substitutes or produces to such parent, guardian or relative, another child or person, in place of the child so confided, is punishable by imprisonment in a state prison for not more than seven years. Pen. Code, § 152.

43 Abandonment of child under six years. A parent or other person having the care or custody, for nurture or education, of a child under the age of six years, who deserts the child in any place, with intent wholly to abandon it, is punishable by imprisonment for not more than seven years. Pen. Code, § 287, as am'd L. 1892, c. 325, § 2.

44 Unlawfully omitting to provide for child, etc. A person who,

1. Willfully omits, without lawful excuse, to perform a duty by law imposed upon him to furnish food, clothing, shelter or medical attendance to a minor, or to make such payment toward its maintenance as may have been required by the order of a court or magistrate when such minor has been committed to an institution; or,

2. Not being a superintendent of the poor, or a superintendent of alms-houses, or an institution duly incorporated for the purpose, without having first obtained a license in writing so to do from the board of health of the city or town wherein such females or children are received, boarded or kept, erects, conducts, estab

lishes or maintains any maternity hospital, lying-in asylum where females may be received, cared for or treated during pregnancy, or during or after delivery; or receives, boards or keeps any nursing children, or any children under the age of twelve years not his relatives, apprentices, pupils or wards without legal commitment; or,

3. Being a midwife, nurse or other person having the care of an infant within the age of two weeks neglects or omits to report immediately to the health officer or to a legally qualified practitioner of medicine of the city, town or place where such child is being cared for, the fact that one or both eyes of such infant are inflamed or reddened whenever such shall be the case, or who applies any remedy therefor without the advice, or except by the direction of such officer or physician; or,

4. Neglects, refuses or omits to comply with any provisions of this section, or who violates the provisions of such license, is guilty of a misdemeanor. Every such license must specify the name and residence of the person so undertaking the care of such females or children, and the place and the number of females or children thereby allowed to be received, boarded and kept therein, and shall be revocable at will by the authority granting it. Every person so licensed must keep a register wherein he shall enter the names and ages of all such children and of all children born on said premises, and the names and residences of their parents, as far as known, the time of the reception and discharge of such children and the reasons therefor, and also a correct register of the name and age of every child under the age of five years who is given out, adopted, taken away or indentured from such place to or by any one, together with the name and residence of the person so adopting, taking or indenturing such child; and shall cause a correct copy of such register to be sent to the authority issuing such license within forty-eight hours after such child is so given out, adopted, taken away or indentured. It shall be lawful for the officers of any incorporated society for the prevention of cruelty to children and of such board of health at all reasonable times to enter and inspect the premises wherein such females and children are so boarded, received or kept, and also such license, register and the children.

5. No institution shall be incorporated for any of the purposes mentioned in this section except with the written consent and approbation of a justice of the supreme court, upon the certificate in writing of the state board of charities approving of the organization and incorporation of such institution. The said board of charities may apply to the supreme court for the cancellation of any certificate of incorporation previously filed without its approval, and may institute and maintain an action in such court through the attorney-general to procure a judgment dissolving any such corporation not so incorporated and forfeiting its corporate rights, privileges and franchises. Pen. Code, § 288, as am'd L. 1884, c. 46; L. 1886, c. 31; L. 1888, c. 145, § 4; L. 1892, c. 325, § 3, and L. 1894, c. 171. 13 Johns. 480; 13 Barb._502; 41 id. 558; 24 id. 634; 4 Wend. 403; 21 Hun, 415; 56 N. Y. 435; 1 N. Y. Supp. 704.

45 Endangering life, health or morals.

A person who,

1. Wilfully causes or permits the life or limb of any child actually or apparently under the age of sixteen years to be endangered, or its health to be injured, or its morals to become depraved; or,

2. Wilfully causes or permits such child to be placed in such a situation or to engage in such an occupation that its life or limb is endangered, or its health is likely to be injured, or its morals likely to be impaired; is guilty of a misdemeanor. Pen. Code, § 289, as am'd L. 1888, c. 145, § 5.

46 Children, where not to be admitted; sale of liquor and tobacco; taking goods in pawn from, etc. A person who,

1. Admits to or allows to remain) in any dance-house, concert saloon, theatre, museum, skating rink, or in any place where wines or spirituous or malt liquors. are sold or given away,) or in any place of entertainment injurious to health or morals, owned, kept or managed by him in whole or in part, any child actually