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. [As amended by L. 1903, ch. 255, and L. 1905, ch. 518.]

Compare sec. 71, ante, and notes. False statement in relation to the certificate or application therefor is specifically denounced as a misdemeanor by amendment to the Penal Code (§ 384-1, subd. 5, post).

§ 164. Contents of certificate. Such certificate shall state the date and place of birth of the child, and describe the color of hair and eyes and the height anu 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 nas appeared before the officer signing the certificate and been examined. [As amended by L. 1903, ch. 255.]

Identical with sec. 72.

§ 165. School record, what to contain. The school record required by this article sha 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 health. It shall contain a statement certifying that the 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 school year previous to his arriving at the age of fourteen years or during the year previous to applying for such school record and is able to read and write simple sentences in the English language, has received during such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and including fractions. Such school record shall also give the age and residence of the child as shown on the records of the school and the name of its parents or guardian or custodian. [As amended by L. 1903, ch. 255.]

Identical with sec. 73, ante. Cf. School Law, § 5 of title 16, post.

§ 166. Summer vacation certificate.-Children of the age of twelve years or more who can read and write simple sentences in the English language, may be employed in mercantile and other establishments specified in section one hundred and sixty-one, in villages and cities of the third class during the summer vacation of the public schools in the city or school district where such children reside upon obtaining the vacation certificate herein provided. Such certificate shall be issued in the same manner, upon the same conditions, and on like proof that such child is twelve years of age or upwards, and is in sound health, as is required for the issuance of an employment certificate under this article, except that a school record of such child shall not be required. The certificates provided for in this section shall be designated summer vacation certificates, and shall correspond in form and substance as nearly as practicable to such employment certificate, and shall in addition

thereto specify the time in which the same shall remain in force and effect which in no case shall be other than the time in which the public schools where such children reside are closed for a summer vacation. [As amended by L. 1903, ch. 255.]

The corresponding section (74) of the Factory Law was repealed in 1903.

§ 167. Registry of children employed. The owner, manager, or agent of a mercantile or other establishment specified in section one hundred and sixtyone, employing children, shall keep or cause to be kept, in the office of such establishment, a register, in which shall be recorded the name, birthplace, age and place of residence of all children so employed under the age of sixteen years. Such register and the certificates filed in such office shall be produced for inspection, upon the demand of an officer of the board, department or commissioner of health of the town, village or city where such establishment is situated. On termination of the employment of the child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or custodian. An officer of the board, department or commissioner of health of the town, village or city where a mercantile or other establishment mentioned in this article is situated, may make demand on an employer in whose establishment a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this chapter, that such employer shall either furnish him within ten days, evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such establishment. The officer may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said establishment, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the employer is a corporation such notice may be served either personally upon an officer of such corporation, or by sending it by post addressed to the office of the principal place of business of such corporation. The papers constituting such evidence of age furnished by the employer in response to such demand shall be filed with the board, department, or commissioner of health and a material false statement made in any such paper or affidavit by any person, shall be a misdemeanor. In case such employer shall fail to produce and deliver to the officer of the board, department, or commissioner of health within ten days after such demand such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such mercantile or other establishment, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this article that such child is under sixteen years of age and is unlawfully employed. [As amended by L. 1903, ch. 255, and

L. 1905, ch. 493.]

Cf. sec. 76 of the Factory Law, ante.

§ 168. Wash-rooms and water-closets. Suitable and proper wash-rooms and water-closets shall be provided in, adjacent to or connected with mercantile establishments where women and children are employed. Such rooms and closets shall be so located and arranged as to be easily accessible to the employees of such establishments. Such water-closets shall be properly screened and ventilated, and, at all times, kept in a clean condition. The waterclosets assigned to the female employees of such establishments shall be separate from those assigned to the male employees. If a mercantile establishment has not provided wash-rooms and water-closets, as required by this section, the board or department of health or health commissioners of the town, village or city where such establishment is situated, shall cause to be served upon the owner of the building occupied by such establishment, a written notice of the omission and directing such owner to comply with the provisions of this section respecting such wash-rooms and water-closets. Such owner snall, within fifteen days after the receipt of such notice, cause such wash-rooms and water-closets to be provided.

§ 169. Lunch-rooms. If a lunch-room is provided in a mercantile establishment where females are employed, such lunch-room shall not be next to or adjoining the water-closets, unless permission is first obtained from the board or department of health or health commissioners of the town, village or city where such mercantile establishment is situated. Such permission shall be granted unless it appears that proper sanitary conditions do not exist, and it may be revoked at any time by the board or department of health or health commissioner, if it appears that such lunch-room is kept in a manner or in a part of the building injurious to the health of the employees.

§ 170. Seats for women in mercantile establishments.-Chairs, stools or other suitable seats shall be maintained in mercantile establishments for the use of female employees therein, to the number of at least one seat for every three females employed, and the use thereof by such employees shall be allowed at such times and to such extent as may be necessary for the preservation of their health. If the duties of the female employees, for the use of whom the seats are furnished, are to be principally performed in front of a counter, table, desk or fixture, such seats shall be placed in front thereof; if such duties are to be principally performed behind such counter, table, desk or fixture, such seats shall be placed behind the same.

Compare sec. 17, ante.

or

§ 171. Employment of women and children in basements.-Women children shall not be employed or directed to work in the basement of a mercantile establishment, unless permitted by the board or department of health, or health commissioner of the town, village or city where such mercantile establishment is situated. Such permission shall be granted unless it appears that such basement is not sufficiently lighted and ventilated, and is not in good sanitary condition.

§ 172. Enforcement of article. The board or department of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Proceedings to prosecute such violations must be begun within thirty days after the alleged offense was committed. All officers and members of such boards, or department, all health commissioners, inspectors, and other persons appointed or designated by such boards, departments or commissioners may visit and in

spect at reasonable hours and when practicable and necessary, all mercantile or other establishments herein specified within the town, village or city for which they are appointed. No person shall interfere with or prevent any such officer from making such visitations and inspections, nor shall he be obstructed or injured by force or otherwise while in the performance of his duties. All persons connected with any such mercantile or other establishment herein specified shall properly answer all questions asked by such officer or inspector in reference to any of the provisions of this article. [As amended by L. 1903, ch. 255.1

§ 173. Copy of article to be posted. A copy of this article shall be posted in three conspicuous places in each establishment affected by its provisions. [As amended by L. 1903, ch. 255.]

[NOTE.

ARTICLE XII.

Employment of Children in Street Trades.

This Article was added by L. 1903, ch. 151, in force Sept. 1, 1903. Section 2 thereof provides that "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 174. Prohibited employment of children in street trades.

15. 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.

§ 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. [Added by L. 1903, ch. 151, and L. 1905,ch. 519.]

§ 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 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. [Added by L. 1903, ch. 151.]

§ 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. [Added by L. 1903, ch. 151.]

§ 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. [Added by L. 1903, ch. 151, and amended by L. 1905, ch. 519.]

§ 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. [Added by L. 1903, ch. 151.]

§ 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. [Added by L. 1903, ch. 151.] § 179-a. 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. [Added by L. 1903, ch. 151, and amended by L. 1905, ch. 519.]

[NOTE.

ARTICLE XIII.

Examination and Registration of Horseshoers.

is Article (changed from XII to XIII by L. 1903, ch. 151) is derived from L. 1896, ch. 271, as amended by L. 1897, ch. 148. By L. 1899, ch. 558, its application was extended to cities of the third class. The Penal Code section (384-m) making a violation a misdemeanor was held unconstitutional in July, 1904 (People v. Beattie, 96 App. Div. 383).]

Section 180. Application of article.

181. Board of examiners.

182. Examination of applicants.

183. Registration of horseshoers.

184. Practice without examination.

Section 180. Application of article. This article applies to all cities of the state. [As amended by L. 1899, ch. 558.]