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leged violation has occurred of such fact, giving the information in support of his conclusion. The district attorney shall, at once, institute the proper proceedings to compel compliance with this article and secure conviction for such violations.

Upon the conviction of a person or corporation for a violation of this article, one-half of the fine recovered shall be paid and certified by the district attorney to the commissioner of labor statistics, who shall use such money in investigating and securing information, in regard to violations of this act and in paying the expenses of such conviction.

§ 55. Articles not to apply to goods manufactured for the use of the state or a municipal corporation.- Nothing in this article shall apply to or affect the manufacture in state prisons, reformatories and penitentiaries, and furnishing of articles for the use of the offices, departments and institutions of the state or any political division thereof, as provided by chapter four hundred and twenty. nine of the laws of eighteen hundred and ninety-six.

ARTICLE V.

FACTORY INSPECTOR, ASSISTANT AND DEPUTIES.

Section 60. Factory inspector and assistant.

61. Deputies and clerks.

62. General powers and duties of factory inspector.
63. Reports.

64. Badges.

65. Payment of salaries and expenses.

66. Sub-office in New York city.

67. Duties of factory inspector relative to apprentices.

§ 60. Factory inspector and assistant.-There shall continue to be a factory inspector and assistant factory inspector, who shall be appointed by the governor, by and with the advice and consent of the senate. The term of office of each shall be three years. The term of office of the successor of the factory inspector and assistant factory inspector in office when this chapter takes effect shall be abridged so as to expire on the last day of December preceding the time when each such term would otherwise expire, and thereafter each such term shall begin on the first day of January. There shall be paid to the factory inspector an annual salary of three thousand dollars, and to the assistant factory inspector an annual salary of two thousand five hundred dollars.

§ 61. Deputies and clerks.-The factory inspector may appoint, from time to time, not more than thirty-six persons as deputy fac tory inspectors, not more than ten of whom shall be women, and who may be removed by him at any time. Each deputy inspector shall receive an annual salary of one thousand two hundred dollars. The factory inspector may designate six or more of such deputies to inspect the buildings and rooms occupied and used as bakeries and to enforce the provisions of this chapter relating to the manufacture of flour or meal food products. One of such deputies shall have a knowledge of mining, whose duty it shall be, under the direction of the factory inspector, to inspect mines and quarries and to enforce the provisions of this chapter relating thereto.

The factory inspector may appoint one or more of such deputies to act as clerk in his principal office.

§ 62. General powers and duties of factory inspector.- The factory inspector may divide the state into districts, assign one or more deputy inspectors to each district, and may, in his dis cretion, transfer them from one district to another.

The factory inspector shall visit and inspect, or cause to be visited and inspected, the factories, during reasonable hours, as often as practicable, and shall cause the provisions of this chapter to be enforced therein and prosecute all persons violating the

same.

Any lawful municipal ordinance, by-law or regulation relating to factories or their inspection, in addition to the provisions of this chapter and not in conflict therewith, shall be observed and enforced by the factory inspector.

The factory inspector, assistant and each deputy may administer oaths and take affidavits in matters relating to the enforcement of the provisions of this chapter.

No person shall interfere with, obstruct or hinder, by force or otherwise, the factory inspector, assistant factory inspector or deputies while in the performance of their duties, or refuse to properly answer questions asked by such officers pertaining to the provisions of this chapter.

All notices, orders and directions of assistant or deputy factory inspectors given in accordance with this chapter are subject to the approval of the factory inspector.

§ 63. Reports.-The factory inspector shall report annually to the legislature in the month of January. The assistant factory

inspector and each deputy shall report to the factory inspector, from time to time, as he may require.

§ 64. Badges.-The factory inspector may procure and cause to be used, badges for himself, his assistant and deputies, while in the performance of their duties, the cost of which shall be a charge upon the appropriation made for the use of the department. § 65. Payment of salaries and expenses.- All necessary ex penses incurred by the factory inspector and his assistant in the discharge of their duties, shall be paid by the state treasurer upon the warrant of the comptroller, issued upon proper vouchers therefor. The reasonable necessary traveling and other expenses of the deputy factory inspectors, while engaged in the performance of their duties, shall be paid in like manner upon vouchers approved by the factory inspector and audited by the comptroller. All such expenses and the salaries of the factory inspector, assistant and deputies shall be payable monthly.

§ 66. Sub-office in New York city. The factory inspector may establish and maintain a sub-office in the city of New York, if, in his opinion, the duties of his office demand it. He may designate one or more of the deputy factory inspectors to take charge of and manage such office, subject to his direction. The reasonable and necessary expenses of such office shall be paid, as are other expenses of the factory inspector.

§ 67. Duties of factory inspector relative to apprentices.The factory inspector, his assistant and deputies shall enforce the provisions of the Domestic Relations Law, relative to indentures of apprentices, and prosecute employers for failure to comply with the provisions of such indentures and of such law in relation thereto.

ARTICLE VI.

FACTORIES.

Section 70. Employment of minors.

71. Certificate for employment; how issued.

72. Contents of certificate.

73. School attendance required.

74. Vacation certificates.

75. Report of certificates issued.

76. Registry of children employed.

77. Hours of labor of minors.

78. Change of hours of labor of minors

Section 79. Enclosure and operation of elevators and hoisting shafts; inspection.

80. Stairs and doors.

81. Protection of employes operating machines.

82. Fire escapes.

83. Factory inspector may order erection of fire escapes. 84. Walls and ceilings.

85. Size of rooms.

86. Ventilation.

87. Accidents to be reported.

88. Wash-room and water-closets.

89. Time allowed for meals.

90. Inspection of factory buildings.

§ 70. Employment of minors.-A child under the age of fourteen years shall not be employed in any factory in this state. A child between the ages of fourteen and sixteen years shall not be so employed, unless a certificate executed by a health officer be filed in the office of the employer.

§ 71. Certificate for employment, how issued.-Such certificate shall be issued by the executive officer of the board, department or commissioner 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 resolution, for that purpose, upon the application of the child desiring such employment. At the time of making such application, there shall be filed with such board, department, commissioner or officer, the affidavit of the parent or guardian of such child, or the person standing in parental relation thereto, showing the date and place of birth of such child, Such certificate shall not be issued unless the officer issuing the same is satisfied that such child is fourteen years of age or upwards, and is physically able to perform the work which he intends to do. No fee shall be demanded or received for administering an oath as required by this section.

$72. Contents of certificate.-Such certificate shall state the date and place of birth of the child, if known, and describe the color of the hair and eyes, the height and weight and any dis tinguishing facial marks of such child, and that, in the opinion of the officer issuing such certificate, such child is upwards of fourteen years of age, and is physically able to perform the work which he intends to do.

§ 73. School attendance required.-No such certificate shall be granted unless it appears to the satisfaction of such board, de. partment, commissioner or officer, that the child applying therefor has regularly attended at a school in which 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, during the year previous to his arriving at the age of fourteen years, or during the year previous to applying for such certificate, and is able to read and write simple sentences in the English language.

The principal or chief executive officer of a school, or teacher elsewhere than at a school, shall furnish, upon demand, to a child who has attended at such school or been instructed by such teacher, or to the factory inspector, his assistant or deputies, a certificate stating the school attendance of such child.

§ 74. Vacation certificates.-A child of fourteen years of age, who can read and write simple sentences in the English language, may be employed in a factory during the vacation of the public schools of the city or school district where such child resides upon complying with all the provisions of the foregoing sections, except that requiring school attendance. The certificate issued to such child shall be designated a "vacation certificate," and no employer shall employ a child to whom such a certificate has been issued, to work in a factory at any time other than the time of the vacation of the public school in the city or school district where such factory is situated.

§ 75. Report of certificates issued.-The board or department of health or health commissioner of a city, village or town, shall transmit, between the first and tenth day of each month, to the office of the factory inspector a list of the names of the children to whom certificates have been issued.

§ 76. Registry of children employed.-Each person owning or operating a factory and employing children therein shall keep, or cause to be kept in the office of such factory, 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 the factory inspector, his assistant or deputies.

§ 77. Hours of labor of minors.-A female under the age of twenty-one years or a male under the age of eighteen years shall

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