The Revised Statutes, Codes and General Laws of the State of New York

CHEMUNG COUNTY.

ASSEMBLY DISTRICTS IN; see Constitution, § 29.

COUNTY JUDGE AND SURROGATE OF; see County Law, § 222.

ELECTION AND JUDICIAL DISTRICTS CONTAINING; see Congressional Districts, § 1; Constitution, § 27; Supreme Court, § 31.

See also County Law.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 63, p. 30; as to towns in, see id, c. 64, p. 53.

CHENANGO, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 54.

CHERRY CREEK, Town of.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 68.
CHERRY TREES.

See Agricultural Law, §§ 82–84.

CHERRY VALLEY, ToWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 52.
CHESTER, TOWN OF, IN ORANGE COUNTY.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 35.

CHESTER, TOWN OF, IN WARREN COUNTY.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 43.

CHESTERFIELD, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 44.

See Public Health Law, § 50a.

CHICORY.

CHICTOWAUGA, Town OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 65.

§ 1--25. Factory Act.

CHILDREN.

26--41. Protection of Health of Children and Female Employees in Mercantile Establishments.

42--50. Penal Provisions.

Societies for Prevention of Cruelty to Children.

Note. Societies for the prevention of cruelty to children were formerly chartered under L. 1875, c. 130, § 1. (See Birdseye's R. S.. 1st ed., p. 482.) They should now be incorporated under The Membership Corporations Law.

Factory Act.

1 Hours of employment of minors in manufactories; night labor restricted; notice of hours of labor to be posted; time of beginning and ending of day's labor; time not changed without consent; notice of lengthened day's labor for shorter

work day on Saturday; record of overtime. No person under eighteen years of age and no woman under twenty-one years of age, employed in any manufacturing establishment, shall be required, permitted or suffered to work therein more than sixty hours in any one week, or more than ten hours in any one day, unless for the purpose of making a shorter work day on the last day of the week, nor more hours in any one week than will make an average of ten hours per day for the whole number of days in which such person or such woman shall so work during such week; and in no case shall any person under eighteen years of age, or any woman under twenty-one years of age, work in any such establishment after nine o'clock in the evening or before six o'clock in the morning of any day. Every person, firm, corporation, or company employing any person under eighteen year of age, or any woman under twenty-one years of age, any manufacturing establishment, shall post and keep posted in a conspicuous place in every room where such help is employed, a printed notice stating the number of hours of labor per day required of such persons for each day of the week and the number of hours of labor exacted or permitted to be performed by such persons shall not exceed the number of hours of labor so posted as being required. The time of beginning and ending the day's labor shall be the time stated in such notice; provided, that such women under twenty-one and persons under eighteen years of age may begin after the time set for beginning and stop before the time set in such notice for the stopping of the day's labor; but they shall not be permitted or required to perform any labor before the time stated on the notices as the time for beginning the day's labor, nor after the time stated upon the notices as the hour for ending the day's labor. The terms of the notice stating the hours of labor required shall not be changed after the beginning of labor on the first day of the week without the consent of the factory inspector, assistant factory inspector, or a deputy factory inspector. When, in order to make a shorter work day on the last day of the week, women under twenty-one and youths under eighteen years of age are to be required, permitted or suffered to work more than ten hours in any one day, in a manufacturing establishment, it shall be the duty of the proprietor, agent, foreman, superintendent or other person employing such persons to notify the factory inspector, assistant factory inspector, or a deputy factory inspector, in charge of the district, in writing, of such intention, stating the number of hours of labor per day which it is proposed to permit or require, and the date upon which the necessity for such lengthened day's labor shall cease, and also again forward such notification when it shall actually have ceased. A record of the amount of overtime so worked, and of the days upon which it was performed, with the names of the employes who were thus required or permitted to work more than ten hours in any one day, shall be kept in the office of the manufacturing establishment and produced upon the demand of any officer appointed to enforce the provisions of this act. L. 1886, c. 409, § 1, as am'd L. 1889, c. 560, § 1; L. 1890, c. 398, and L. 1892, c. 673.

131 N. Y. 631; 31 N. Y. St. R. 897.

2 Children; when may not be employed; register of age, etc.; school certificate. No child under fourteen years of age shall be employed in any manufacturing 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 manufacturing 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 inspector, assistant inspector or any of the deputies appointed under this act. The certificate to be provided as above set forth shall be a certificate from the board or department of health or health commissioner or com

missioners of the city, town or incorporated village 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 distinguishing facial marks of said child, and shall further state that the health commissioners 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 can not be ascertained by said health commissioner or commissioners or board or department of health, such certificate so provided shall so set forth and shall state that the health commissioner or commissioners or executive officer or 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 health commissioner or commissioners and the board or department of health of the cities, towns and incorporated villages of the state to issue the certificate as above set forth to any child applying therefor; provided, however, that such health commissioner or commissioners, board or department of health, shall first ascertain the date and place of birth of the child, wherever possible, the color of hair, color of eyes, 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 health commissioner or commissioners, board or department of health, 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 health commissioner or commissioners, board or department of health, or any person or persons designated by them as hereinafter set forth are satisfied that said child is fourteen years of age 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, 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 year, or if said child be a nonresident, then as many days as the public school of the city or town where such child is or is about to be employed was in session during the last previous school year. The foregoing provisions of this section shall not, however, be so construed as to prevent any child fourteen years of age or upwards who can read and write simple sentences in the English language from being employed in any manufacturing 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 manufacturing establishment is situated, if all of the provisions herein before set forth except that requiring school attendance shall have been complied with. Where such child of the age of fourteen years or upwards has complied with all the provisions of this section except that requiring school attendance, the certificate issued by such health commissioner or commissioners, board or department of health, of the city or town shall s 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 manufacturing establishment, to hire or employ any child under the age of sixteen years to whom only such "vacation certificate" 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 manufacturing establishment is situated. The certificate or certificates to be issued in accordance with the provisions of this section.

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shall be over the signature of the board or department of health or any executive officer or officers thereof, or the health commissioner or commissioners of the city, town or incorporated village 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 of health, 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 such board or department of health or health commissioner or commissioners is situated. It shall be the duty of the principal or 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 factory inspector, assistant factory inspector or any deputy factory inspector, a certificate stating the school attendance by such child. It shall be the duty of the board or department of health and health commissioner or commissioners in every city, town and incorporated village in the state to forward over their official signature, between the first and tenth days of each month, to the factory inspector at his principal office, a list setting forth the names of the children to whom the certificates herein provided have been issued and the age, date and place of birth, whenever possible, color of eyes, color of hair, height, weight and distinguishing facial marks of such child or children. 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 of, guardian of, or 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 herein set forth. L. 1886, c. 409, § 2, as am'd L. 1887, c. 462, § 1; L. 1889, c. 560, § 2; L. 1892, c. 673, and L. 1896, c. 991.

43 N. Y. St. R. 313, 316; 51 id. 249; 66 id. 276.

3 Operation of elevators by children. No person, firm or corporation shall employ or permit any child under the age of fifteen years to have the care, custody, management of or to operate any elevator or shall employ or permit any person under the age of eighteen years to have the care, custody, management or operation of any elevator running at a speed of over two hundred feet a minute. § 3, as am'd L. 1890, c. 398, and L. 1892, c. 673.

Id.,

4 Inclosure of hoisting shaft, etc.; protection of elevator ways; inspection of apparatus. It shall be the duty of the owner, agent or lessee of any manufacturing establishment where there is any elevator, hoisting-shaft or well-hole, to cause the same to be properly and substantially inclosed or secured, if in the opinion of the factory inspector, or of the assistant factory inspector, or a deputy factory inspector unless disapproved by the factory inspector, it is necessary to protect the lives or limbs of those employed in such establishment. It shall also be the duty of the owner, agent or lessee of each of such establishments to provide or cause to be provided, if, in the opinion of the inspector, the safety of persons in or about the premises should require it, such proper trap or automatic doors, so fastened in or at all elevator ways as to form a substantial surface when closed, and so constructed as to open and close by action of the elevator in its passage, either ascending or descending, but the requirements of this section shall not apply to passenger elevators that are closed on all sides. The factory inspector, assistant factory inspector and deputy factory inspectors, may inspect the cables, gearing or other apparatus of elevators in manufacturing establishments, and require that the same be kept in a safe condition. Id., § 4, as am'd L. 1889, c. 560, § 3, and L. 1892. c. 673.

5 Hand rails for stairs; steps, how covered; stairs; doors. Proper and substantial hand rails shall be provided on all stairways in manufacturing establishments, and where, in the opinion of the factory inspector, or of the assistant factory inspector or deputy factory inspector, unless disapproved by the factory

inspector, it is necessary, the steps of said stairs in all such establishments shall be substantially covered with rubber, securely fastened thereon, for the better safety of persons employed in said establishments. The stairs shall be properly screened at the sides and bottom, and all doors leading in or to such factory shall be so constructed as to open outwardly where practicable, and shall be neither locked, bolted nor fastened during working hours. Id., § 5, as am'd L. 1889, c. 560, § 4, L. 1890, c. 398, § 3, and L. 1892, c. 673.

6 Fire escapes; construction thereof; approval of plans; notice to owners; order for construction; escapes to be provided; windows and doors to escapes; stairs or ladders to roof. If, in the opinion of the factory inspector, or of the assistant factory inspector, or of a deputy factory inspector, it is necessary to insure the safety of the persons employed in any manufacturing establishment, three or more stories in height, one or more fire-escapes, as may be deemed by the factory inspector as necessary and sufficient therefor, shall be provided on the outside of such establishment, connecting with each floor above the first, well fastened and secured and of sufficient strength, each of which fire-escapes shall have landings or balconies, not less than six feet in length and three feet in width, guarded by iron railings not less than three feet in height, and embracing at least two windows at each story and connecting with the interior by easily accessible and unobstructed openings, and the balconies or landings shall be connected by iron stairs, not less than eighteen inches wide, the steps not to be less than six inches tread, placed at a proper slant, and protected by a well-secured hand-rail on both sides with a twelve-inch wide drop-ladder from the lower platform reaching to the ground. Any other plan or style of fire-escape shall be sufficient, if approved by the factory inspector, but if not so approved, the factory inspector may notify the owner, proprietor or lessee of such establishment or of the building in which such establishment is conducted, or the agent or superintendent or either of them, in writing, that any such other plan or style of fireescape is not sufficient, and may by an order in writing, served in like manner, require one or more fire-escapes, as he shall deem necessary and sufficient, to be provided for such establishment, at such locations and of such plan and style as shall be specified in such written order. Within twenty days after the service of such order, the number of fire-escapes required in such order for such establishment shall be provided therefor, each of which shall be either of the plan and style and in accordance with the specifications in said order required, or of the plan and style in this section above described and declared to be sufficient. The windows or doors to each fire-escape shall be of sufficient size and be located as far as possible consistent with accessibility, from the stairways and elevator hatchways or openings, and the ladder thereof shall extend to the roof. Stationary stairs or ladders shall be provided on the inside of such establishment from the upper story to the roof, as a means of escape in case of fire. Id., § 6, as am'd L. 1890, c. 398, § 4, and L. 1892, c. 673.

~7 Reports of accidents; investigation of cause. It shall be the duty of the owner, agent, superintendent or other person having charge of such manufacturing establishment, or of any floor or part thereof, to report in writing to the factory inspector all accidents or injury done to any person in such factory, within fortyeight hours of the time of the accident, stating as fully as possible the extent and cause of such injury, and the place where the injured person has been sent, with such other information relative thereto as may be required by the factory inspector. The factory inspector or assistant factory inspector and deputy factory inspector under the supervision of the factory inspector, are hereby authorized and empowered to fully investigate the causes of such accidents, and to require such precautions to be taken as will in their judgment prevent the recurrence of similar accidents. Id., § 7, as am'd L. 1890, c. 398, § 5, and L. 1892, c. 673.

8 Belt shifters, loose pulleys and guards; removal of safeguards prohibited; use of machinery, how prohibited; notice; exhaust fans. It shall be the duty of

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