Anthracite mines and collieries. Minor children. Right of action. Trial. Verdict. Fines, No. 222. AN ACT Regulating the employment of minor children in or about any anthracite coal mine or colliery; prohibiting the employment of any child under the age of sixteen years inside of any anthracite coal mine; prohibiting the employment of any child under fourteen years of age in or about any anthracite coalbreaker or colliery, or the outside workings thereof; prohibiting the employment of any minor child, of any age, in or about either the inside workings of any anthracite coal mine or in or about any anthracite coal-breaker or colliery, or the outside workings thereof, unless the person, firm, copartnership or corporation, employing said minor child, shall first obtain and file the employment certificate, as provided for by this act, and carry out the other duties provided by this act; fixing the duties of the common school superintendents, or, in the absence of such an officer, then that of the principal teacher of any city, borough or township, as relates to the issuance of said employment certificates and the other duties provided by this act; declaring what said employment certificate shall contain; providing for the form and wording of said employment certificates and the issuance of the blank-forms by the Department of Mines of this Commonwealth; making false swearing to any certificate provided for by this act to be perjury, and punishable as such; providing that the failure of any employer of minor children to produce the certificate required by this act, upon demand of the proper persons, shall be prima facie evidence of the illegal employment of said minor children; fixing the duty of truant or school attendance officers, as to carrying out the provisions of this act; giving to the common school superintendent, or, in the absence of such an official, then to the principal teacher of any city, borough or township, the same power to administer oaths or affirmations as is now given to notaries public, in all matters connected with the proper enforcement of this act; providing a penalty for the violation of the provisions of this act. Section 1. Be it enacted, &c., That it shall be unlawful for any person, firm, copartnership or corporation to employ any minor child, under the age of sixteen years, inside of any anthracite coal mine, or to employ any minor child, under the age of fourteen years, in any anthracite coal breaker or colliery, or around the outside workings of any anthracite coal mine. Section 2. It shall be the duty of the Chief of the Department of Mines of this Commonwealth, and the right of any citizen of this Commonwealth, in the name of the Commonwealth of Pennsylvania, upon any violation of the provisions of section one of this act, to bring suit in the court of common pleas of the county wherein said offense or violation occurred; and if, upon the trial of the case, the jury shall find that such violation did occur, they shall render a verdict against the offending party or parties, to an amount equal to ten dollars for each and every day said minor child or children were employed contrary to the provisions of this act; said amounts, when coliected, to be paid into the State Treasury, for the use of the Commonwealth; and the State Treasurer shall return one-half of the fine or fines so collected to the school-district in which the child, so illegally employed, resided. tificate. and certificate. Section 3. It shall be unlawful for any person, firm, copartnership or corporation to employ any minor child in or about any anthracite coal mine or colliery, or to permit any such minor child to work in or around any anthracite coal mine or colliery, unless the person, firm, copartnership or corporation, employing said child or permitting said minor child to work, is furnished with and keeps on file an employment certifi- Employment cercate, as hereinafter prescribed, and maintains a complete list of such children employed. Such lists and List of children. employment certificates, at all times during the employment of such minor children, shall be subject to the inspection of any common school superintendent, Inspection of list any truant or attendance officer of any school-district, the Chief of the Department of Mines of this Commonwealth, or any mine inspector, and shall be returned to each child when his or her employment shall cease. Section 4. It shall be the duty of the city, borough or township common school superintendents within their various jurisdictions, and of the principal teacher, where no common school superintendent has jurisdiction, or their duly authorized deputies, to issue Issue of certifithe employment certificates provided for in this act; but no principal teacher shall be authorized to issue said employment certificates within any district under a duly authorized common school superintendent. The Districts. district of such city, borough or township superintendent or principal teacher shall be the same as that in which the child seeking an employment certificate resides. Said employment certificate shall only be issued after the affidavits and documents hereinafter prescribed have received careful consideration by said common school superintendent or principal teacher, as the case may be, or their duly authorized deputies, as aforesaid; and no fee or emolument shall be charged for issuing the same. cates. Section 5. An affidavit, in duplicate, as to the age Affidavits. of any child under sixteen years seeking an employment certificate, shall be made by the father, mother, guardian or custodian of the child; and shall set forth the place and date of his or her birth, and the date and place of his or her baptism or circumcision, if any; shall be accompanied by a certificate of the registra Contents. tion of birth, baptism or circumcision of such child, as kept by any religlous denomination; or by a certificate of the registration of his or her birth, as kept by any public authority, or, in the case of a foreignborn child, a true copy of passenger-manifest, passport or other official record, filed at the office of the Commisisoner of Immigration, at the port of arrival. Section 6. The employment certificate required by Form of employment certificate number 1. Affidavit. Examination and approval. the third section of this act, shall consist of the affidavit as to age, made before the city, borough or township common school superintendent, or principal teacher, as aforesaid, or their duly authorized deputies; and the other certificate, as herein provided, together with the certificate of approval by the said common school superintendent or principal teacher, as the case may be, or their duly authorized deputies, as hereinbefore provided, and shall be called employment certificate number one, and shall be in form following: Employment Certificate, Number 1. Commonwealth of Pennsylvania, ... } 88. 1. Affidavit of parent, guardian or custodian. being duly sworn (or affirmed) according to law, deposes and says: I am the (father, mother, guardian or custodian) of (name of child), and that to the best of my knowledge and belief (he or she) was born at (name of village, township, town or city) in the State (or country) of on the (here state day, month and year of birth), and is now (state years and months of age), and that (he or she) was baptised (or circumcised) in the (state name of church) at (name of place), in the state (or country) of on the (state day, month and year of baptism or circumcision). (Signature of person making oath). ... 2. Examination and approval of affidavit and certificates. ..... Personally appeared before me the above named (name of person signing), this day of...., Anno Domini one thousand nine hundred ........, at (town or city), and made oath that the aforesaid affidavit signed by (him or her) is true, to the best of (his or her) knowledge and belief. I hereby approve the foregoing affidavit as to age of (name of child); height, (feet and inches); eyes, (color); complexion, (dark or fair); hair, (color). I hereby certify that I have examined the affidavits of (parent, guardian or custodian), the certificate of religious record of birth, bap tism or circumcision, the certificate of public regis tration of birth, the passport, or other official immigration record (strike out the alternative certificates not presented); and find that these certificates or certificate agree in every particular with the statements of the affidavit. These certificates or certificate furnish proof that (he or she) is now .......... years of age. I further certify, that (he or she) can read at sight, and write legibly simple sentences in the English language, has complied with the education laws of this Commonwealth now in force, and may be employed at such times and in such employments as the laws of this Commonwealth permit such children to be employed. This certificate belongs to (name of child), and is to be surrendered to (him or her) when (he or she) leaves the service of the corporation, firm, copartnership, or person employing the same and holding this certificate, and if not claimed by such child within thirty days from such time shall be returned to the said common school superintendent or principal teacher, as the case may be. (Signature of person authorized to approve and sign, with official character and authority). Certificate to be child. the property of Provided, That where no certificate of registration Proviso. of birth, baptism or circumcision of such child is obtainable, or, in case of a foreign-born child, no copy of passenger-manifest, passport or other official record of the child's age is obtainable, such certificate or copy may be substituted by an affidavit, by the father, Affidavit. mother, guardian or custodian of such child, setting forth his or her age, and date and place of his or her birth; which affidavit shall be accompanied by a state- statement of the ment of the principal teacher of the last school which superintendent or said child attended, certifying that such child has received instruction in reading, spelling, writing, English grammar, and geography, and is familiar with the fundamental operations of arithmetic, to and including fractions; in which case the Employment Certificate shall be called employment certificate number two, and shall be in form following: Employment Certificate, Number 2. Commonwealth of Pennsylvania, } 88. 1. Affidavit of parent, guardian or custodian. being duly sworn (or affirmed) according to law, deposes and says: I am the (father, mother, guardian or custodian) of (name of child), and that, to the best of my knowledge and belief (he or she) was born at (name village, township, town or city), in the State (or country) of .. on the (here state day, month and year of birth), and is now (state years and months of age), and that (he or she) was baptised (or circumcised) in the (state name of church) at (name of place), in the state (or Form of employment certificate. number 2. Examination and affidavit. on the (state day, month country) of (Signature of person making oath). 2. Examination of affidavit and school record. Personally appeared before me the above named (name of person signing), this day of Anno Domini nine hundred at (town or city), and made oath that the aforesaid affidavit signed by (him or her) is true, to the best of (his or her) knowledge and belief. I hereby approve the foregoing affidavit as to age of (name of child); height, (feet and inches); eyes, (color); complexion, (dark or fair); hair, (color). Having no sufficient reason to doubt that (he or she) is of the age therein certified, I hereby certify that (he or she) can read at sight, and write legibly simple sentences in the English language; that (he or she) has regularly attended the public schools, or schools equivalent thereto, during the year previous to applying for such school record, and for the period required by the compulsory attendance laws of this Commonwealth. I have examined the certificate furnished by the principal teacher of the last school which said child attended, which states that (he or she) has received instruction in reading. spelling, writing, English grammar, and geography, and is familiar with the fundamental operations of arithmetic, to and including fractions. I have further satisfied myself that the certificate required by law as to proof of age cannot be produced, for good cause, and said child may be employed at such times and in such employments as the laws of this Commonwealth permit children to be employed. This certificate belongs to (name of child), and is to be surrendered to (him or her) when (he or she) leaves the service of the corporation, copartnership, firm, or person or employer, holding the same; but if not claimed by said child within thirty days from such time, it shall be returned to the said common school superintendent or principal teacher, as the case may be. (Signature of person authorized to approve and sign, with official character or authority.) Blank-forms of certificates, etc. Section 7. The blank-forms of these several certifi cates shall be furnished, free of charge, by the Department of Mines of this Commonwealth, upon application by the proper persons, and shall be uniform throughout the State. A duplicate of each employ inent certificate shall be filled out and kept on file by the city, borough or township common school super |
