Labor Law (L. 1897, ch. 415), §§ 83, 93. situation, and that it was error for the court to charge that such section had any bearing upon the questions of the defendant's negligence. Shaw v. Union Bag & Paper Co., 76 App. Div. 296, 79 N. Y. Supp. 276. Unguarded sprocket wheel; evidence.— Where the plaintifi was injured while engaged in the installation of new machinery in the defendant's mill by being caught in a sprocket wheel attached to the shaft upon which he was working, and it appeared that the shafting had been in position but a few days, and the sprocket wheel had never yet been used, and that the shaft was only kept in motion for the purpose of installing new machinery, it was held that the court was not justified in instructing the jury that the defendant had violated the provisions of the above section in failing to protect and guard the sprocket wheel or shaft. The above section was not intended to require an employer to cover or guard machinery in the course of construction or installation. Foster v. International Paper Co., 71 App. Div. 47, 75 N. Y. Supp. 610. Children operating dangerous machines.- Machines, or parts of machines, is or are dangerous if in the ordinary course of human affairs danger may be reasonably anticipated from the use of them without protection. It cannot be said as a matter of law that a machine known as a "conveyor," operated by mechanical power for the purpose of carrying tools to and from different floors of a factory, and consisting of an endless chain with metallic pan-shaped shelves about every thirteen feet, and moving at the rate of about one foot per second, is not a dangerous machine within the meaning of the provision of the above section to the effect that children under sixteen years of age shall not be permitted to assist in operating dangerous machines of any kind. A child may be held to have been assisting in the operation of such machine when he is attending such machine upon one of the floors of the factory. Gallenkamp v. Garvin Machine Co., 91 App. Div. 141, 86 N. Y. Supp. 378. Knowledge of defect; assumption of risk. Where an employe has knowledge of the defective condition of the belting upon a machine, it must be held that she assumed whatever risk attended the operation of the machine, and that she would not be relieved from the consequences of her voluntary act by the provisions of the above section. Mull v. Curtice Bros. Co., 74 App. Div. 561, 77 N. Y. Supp. 813. § 83. Factory inspector may order erection of fire escapes. (C. & G. Gen. Laws, p. 2072.) - Effect upon powers of superintendent of buildings of the city of New York. The provisions of the above section of the Labor Law were not designed to take from the superintendent of buildings of the city of New York the exclusive jurisdiction theretofore residing in him to require the erection of fire escapes on factory buildings in the borough of Manhattan and to transfer such jurisdiction to the factory inspector of the state of New York. City of New York v. Trustees of Sailors' Snug Harbor, 85 App. Div. 355, 83 N. Y. Supp. 442. $93. Employment of women and children at polishing or buffing. No male child under the age of eighteen years, nor Labor Law (L. 1897, ch. 415), § 100. any female, shall be employed in any factory in this state in operating or using any emery, tripoli, rouge, corundum, stone, carborundum or any abrasive, or emery polishing or buffing wheel, where articles of the baser metals or of iridium are manufactured. The owner, agent or lessee of a factory who employs any such person in the performance of such work is guilty of a misdemeanor and upon conviction thereof shall be fined the sum of fifty dollars for each such violation. The commissioner of labor, his assistants and deputies, shall enforce the provisions of this section. (Added by L. 1899, ch. 375, as § 91, made § 92, by L. 1901, ch. 478, and renumbered and amended by L. 1903, ch. 561, in effect June 1, 1903.) § 100. Manufacturing, altering, repairing or finishing articles in tenements. No tenement house nor any part thereof shall be used for the purpose of manufacturing, altering, repairing or finishing therein, any coats, vests, knee-pants, trousers, overalls, cloaks, hats, caps, suspenders, jerseys, blouses, dresses, waists, waist-bands, underwear, neckwear, furs, fur trimmings, fur garments, skirts, shirts, aprons, purses, pocketbooks, slippers, paper boxes, paper bags, feathers, artificial flowers, cigarettes, cigars or umbrellas, without a license therefor as provided in this article. But nothing herein contained shall apply to collars, cuffs, shirts or shirt waists made of cotton or linen fabrics that are subjected to the laundrying process before being offered for sale. Application for such a license shall be made to the commissioner of labor by the owner of such tenement house, or by his duly authorized agent. Such application shall describe the house by street number or otherwise, as the case may be, in such manner as will enable the commissioner of labor easily to find the same; it shall also state the number of apartments in such house; it shall contain the full name and address of the owner of the said house, and shall be in such form as the commissioner of labor may determine. Blank applications shall be prepared and furnished by the commissioner of labor. Upon receipt of such application the commissioner of labor shall consult the records of the local health department or board, or other appropriate local authority charged with the duty of sanitary inspection of such houses; if such records show the presence of any infectious, contagious or communicable disease, or the existence of any uncomplied with orders or violations which indicate the presence of unsanitary conditions in such Labor Law (L. 1897, ch. 415), § 100. house, the commissioner of labor, may, without making an inspection of the building, deny such application for a license, and may continue to deny such application until such time as the records of said department, board or other local authority show that the said tenement house is free from the presence of infectious, contagious or communicable disease, and from all unsanitary conditions. Before, however, any such license is granted, an inspection of the building sought to be licensed must be made by the commissioner of labor, and a statement must be filed by him as a matter of public record, to the effect that the records of the local health department or board or other appropriate authority charged with the duty of sanitary inspection of such houses, show the existence of no infectious, contagious or communicable disease nor of any unsanitary conditions in the said house; such statement must be dated and signed in ink with the full name of the employe responsible therefor. A similar statement similarly signed, showing the results of the inspection of the said building must also be filed in the office of the commissioner of labor before any license is granted. If the commissioner of labor ascertain that such building is free from infectious, contagious or communicable disease, that there are no defects of plumbing that will permit the free entrance of sewer air, that such building is in a clean and proper sanitary condition and that the articles specified in this section may be manufactured therein. under clean and healthful conditions, he shall grant a license permitting the use of such building, for the purpose of manufacturing, altering, repairing or finishing such articles. Such license shall be framed, such frame to be furnished by the commissioner of labor upon receipt by him of one dollar for which a receipt in writing shall be given, and shall be posted by the owner in a conspicuous place in the public hallway on the entrance floor of the building to which it relates. It may be revoked by the commissioner of labor if the health of the community or of the employes requires it, or if the owner of the said tenement house, or his duly authorized agent fails to comply with the orders of the commissioner of labor within ten days after the receipt of such orders, or if it appears that the building to which such license relates is not in a healthy and proper sanitary condition. In every case where a license is revoked or denied by the commissioner of labor the reasons therefor shall be stated in writing, and the records of such revocation or denial shall be deemed public Labor Law (L. 1897, ch. 415), § 100. records. Where a license is revoked, before such tenement house can again be used for the purposes specified in this section, a new license must be obtained, as if no license had previously existed. Every tenement house and all the parts thereof in which any of the articles named in this section are manufactured, altered, repaired or finished shall be kept in a clean and sanitary condition and shall be subject to inspection and examination by the commissioner of labor, for the purpose of ascertaining whether said garments or articles or part or parts thereof, are clean and free from vermin and every matter of an infectious or contagious nature. An inspection shall be made by the commissioner of labor of each licensed tenement house not less than once in every six months, to determine its sanitary condition, and shall include all parts of such house and the plumbing thereof. Before making such inspection the commissioner of labor may consult the records of the local department or board charged with the duty of sanitary inspection of tenement houses, to determine the frequency of orders issued by such department or board in relation to the said tenement house, since the last inspection of such building was made by the commissioner of labor. Whenever the commissioner of labor finds any unsanitary condition in a tenement house for which a license has been issued as provided in this section, he shall at once issue an order to the owner thereof directing him to remedy such condition forthwith. Whenever the commissioner of labor finds any of the articles specified in this section manufactured, altered, repaired or finished, or in process thereof, in a room or apartment of a tenement house, and such room or apartment is in a filthy condition, he shall notify the tenants thereof to immediately clean the same, and to maintain it in a cleanly condition at all times; where the commissioner of labor finds such room or apartment to be habitually kept in a filthy condition, he may in his discretion cause to be affixed to the entrance door of such apartment a placard calling attention to such facts and prohibiting the manufacture, alteration, repair or finishing of said articles therein. No person, except the commissioner of labor, shall remove or deface any such placard so affixed. None of the articles specified in this section shall be manufactured, altered, repaired or finished in any room or apartment of a tenement house, where there is or has been a case of infectious, contagious or communicable disease in such room or apartment, until such time as the local department or board of Labor Law (L. 1897, ch. 415), § 101. health shall certify to the commissioner of labor that such disease has terminated, and that the said room or apartment has been properly disinfected, if disinfection after such disease is required by the local ordinances, or by the rules or regulations of such department or board. None of the articles specified in this section shall be manufactured, altered, repaired, or finished in a part of a cellar or basement of a tenement house, which is more than one-half of its height below the level of the curb or ground outside of or adjoining the same. No person shall hire, employ or contract with any person to manufacture, alter, repair or finish any of the articles named in this section in any room or apartment in any tenement house not having a license therefor issued as aforesaid. None of the articles specified in this section shall be manufactured, altered, repaired or finished in any room or apartment of a tenement house by any person other than the members of the family living therein, which shall include a husband and wife and their children, or the children of either. Nothing in this section contained shall prevent the employment of a tailor or seamstress by any person or family for the purpose of making, altering, repairing or finishing any article of wearing apparel for the use of such person or family. (Amended by L. 1899, ch. 191, and L. 1904, ch. 550, in effect May 3, 1904.) § 101. Register of persons to whom work is given.- Persons contracting for the manufacturing, altering, repairing or finishing of any of the articles mentioned in section one hundred of this act or giving out material from which they or any part of them are to be manufactured, altered, repaired or finished, shall keep a register of the names and addresses plainly written in English of the persons to whom such articles or materials are given to be so manufactured, altered, repaired or finished or with whom they have contracted to do the same. It shall be incumbent upon all persons contracting for the manufacturing, altering, repairing or finishing of any of the articles specified in section one hundred of this act, or giving out material from which they or any part of them are to be manufactured, altered, repaired or finished, before giving out the same to ascertain from the office of the commissioner of labor whether the tenement house in which such articles or materials are to be manufactured, altered, repaired or finished, is licensed as provided in this act, and also to ascertain from the local department or board of health the names and addresses of all per |