Definitions. like recovery of damages for the injuries sustained by reason of such loss of life or lives, not to exceed the sum of five thousand dollars. It is against public policy to allow the provisions of this statute touching the care an employer must exercise with regard to the protection of his employees from personal injuries, to be dispensed with by contract. 39 Ill. App. 114. A willful violation of the statute is a violation of its provisions knowingly and willfully. A charge of willfulness is not maintained by proof of mere negligence. 52 Ill. App. 69. A person injured by a willful noncompliance with this statute need not show that he was in the exercise of due care at the time of receiving the injury. 56 N. E. Rep. 621. SEC. 34. (a) In this act the words “mine” and “coal mine," used in their general sense, are intended to signify any and all parts of the property of a mining plant, on the surface or underground, which contribute, directly or indirectly, under one management, to the mining . or handling of coal. Intemperate drivers not to be employed. Penalty. Intoxication of drivers. Penalty. (b) The words "excavations" and "workings" signify any or all parts of a mine excavated or being excavated, including shafts, tunnels, entries, rooms and working places, whether abandoned or in use. (c) The term "shaft" means any vertical opening through the strata which is or may be used for purposes of ventilation or escapement, or for the hoisting or lowering of men and material in connection with the mining of coal. (d) The term "slope" or "drift" means any inclined or horizontal way, opening or tunnel to a seam of coal to be used for the same purposes as a shaft. (e) The term "“operator” as applied to the party in control of a mine in this act, signifies the person, firm or body corporate who is the immediate proprietor as owner or lessee of the plant, and, as such, responsible for the condition and management thereof. (f) The term "inspector" in this act signifies the State inspector of mines, within and for the district to which he is appointed. (g) The "mine manager" is the person who is charged with the general direction of the underground work, or both the underground and outside work of any coal mine, and who is commonly known and designated as "mine boss," or "foreman," or "pit boss." (h) The "mine examiner" is the person charged with the examination of the condition of the mine before the miners are permitted to enter it, and who is commonly known, and has been designated in former enactments as the "fire boss." ACTS OF 1901. Employment of intemperate drivers on public conveyances. (Page 276.) SECTION 2. No person owning any carriage or other vehicle running or traveling upon any road in this State for the conveyance of passengers shall employ or continue in employment any person to drive such conveyance who is addicted to drunkenness or the excessive use of spirituous liquors; and if any such owner shall violate the provisions of this section after he shall have had notice and reasonable proof that such driver is addicted to drunkenness, he shall forfeit, at the rate of $5 per day, for all the time during which he shall thereafter have kept any such driver in his employment, to be sued by any persons and collected in any court having competent jurisdiction; and the court may allow a portion of said penalty, not exceeding $25, to be retained by such complainant as a compensation for his services and expenses, the balance to be paid into the county treasury. SEC. 3. If any driver while actually employed in driving any carriage or other conveyance shall be guilty of intoxication to such a degree as to endanger the safety of the passengers in the carriage or other conveyance, or any other traveler, it shall be the duty of the owner of such carriage, on receiving written notice of the fact, signed by any one of the said passengers, and certified by him on oath, forthwith to discharge such driver from his employment; and every such owner who shall retain, or have in his employ, within thirty days after the receipt of such notice, any driver who shall have been intoxicated, shall forfeit at the rate of $5 per day for the time during which he shall keep any such driver in his employment, after receiving such notice, to be sued for and applied as directed in section two (2) of this act. ACTS OF 1903. Employment of children. SECTION 1. No child under the age of fourteen years shall be employed, permitted or suffered to work at any gainful occupation in any theater, concert hall or place of amusement where intoxicating liquors are sold, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or workshop, or as a messenger or driver therefor, within this State. No child under fourteen years of age shall be employed at any work performed for wages or other compensation, to whomsoever payable, during any portion of any month when the public schools of the town, township, village or city in which he or she resides are in session, nor be employed at any work before the hour of seven o'clock in the morning or after the hour of six o'clock in the evening: Provided, That no child shall be allowed to work more than eight hours in any one day. SEC. 2. It shall be the duty of every person, firm or corporation, agent or manager of any firm or corporation employing minors over fourteen years and under sixteen years of age in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theater, concert hall or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, within this State, to keep a register in said mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theater, concert hall or place of amusement, factory or workshop in which said minors shall be employed or permitted or suffered to work, in which register shall be recorded the name, age and place of residence of every child employed or suffered or permitted to work therein, or as messenger or driver therefor, over the age of fourteen and under the age of sixteen years; and it shall be unlawful for any person, firm or corporation, agent or manager, of any firm or corporation to hire or employ, or to permit or suffer to work in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theater, concert hall or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, any child under the age of sixteen years and over fourteen years of age, unless there is first produced and placed on file in such mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, factory or workshop, theater, concert hall or place of amusement, an age and school certificate approved as hereinafter provided. Age limit. Night work. Hours of labor Register. SEC. 3. Every person, firm or corporation, agent or manager of a List to be corporation employing or permitting or suffering to work five or more posted. children under the age of sixteen years and over the age of fourteen in any mercantile institution, store, office, laundry, hotel, manufacturing establishment, factory or workshop, shall post and keep posted in a conspicuous place in every room in which such help is employed, or permitted or suffered to work, a list containing the name, age and place of residence of every person under the age of sixteen years employed, permitted or suffered to work in such room. Certificate SEC. 4. No child under sixteen years of age and over fourteen years of age shall be employed in any mercantile institution, store, office, age, etc. hotel, laundry, manufacturing establishment, bowling alley, theater, concert hall, or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, unless there is first produced and placed on file in such mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowling alley, theater, concert hall or place of amusement, factory or workshop, and accessible to the State factory inspector, assistant factory inspector or deputy factory inspector, an age and school certificate as hereinafter prescribed; and unless there is kept on file and produced on demand of said inspectors of factories a complete and correct list of all the minors under the age of sixteen years so employed who can not read at sight and write legibly simple sentences, unless such child is attending night school as hereinafter provided. of Who issue. Evidence. may SEC. 5. An age and school certificate shall be approved only by the superintendent of schools or by a person authorized by him in writing; or where there is no superintendent of schools by a person authorized by the school board: Provided, That the superintendent or principal of a parochial school shall have the right to approve an age and school certificate, and shall have the same rights and powers as the superintendent of public schools to administer the oaths herein provided for children attending parochial schools: Provided, further, That no member of a school board or other person authorized as aforesaid shall have authority to approve such certificates for any child then in or about to enter his own establishment, or the employment of a firm or corporation of which he is a member, officer or employee. The person approving these certificates shall have authority to administer the oath provided herein, but no fee shall be charged therefor. It shall be the duty of the school board or local school authorities to designate a place (connected with their office, when practicable) where certificates shall be issued and recorded, and to establish and maintain the necessary records and clerical service for carrying out the provisions of this act. School certificate. SEC. 6. An age and school certificate shall not be approved unless satisfactory evidence is furnished by the last school census, the certificate of birth or baptism of such child, the register of birth of such child with a town or city clerk, or by the records of the public or parochial schools, that such child is of the age stated in the certificate: Provided, That in cases arising wherein the above proof is not obtainable, the parent or guardian of the child shall make oath before the juvenile or county court as to the age of such child, and the court may issue to said child an age certificate as sworn to. SEC. 7. The age and school certificate of a child under sixteen years of age shall not be approved and signed until he presents to the person authorized to approve and sign the same, a school attendance certificate, as hereinafter prescribed, duly filled out and signed. A duplicate of such age and school certificate shall be filled out and shall be forwarded to the State factory inspector's office. Any explanatory matter may be printed with such certificate in the discretion of the school board or superintendent of schools. The employment and the age and school certificates shall be separately printed and shall be filled out, signed, and held or surrendered as indicated in the following forms: (Name of school.) SCHOOL CERTIFICATE. (City or town and date.) This certifies (name of minor) of the ..th grade, can read and write legibly simple sentences. This also certifies that according to the records of this school, and in my belief, the said (name of minor) was born at (name of city or town) in (name of county) on the (date) and is now (number of years and months) old. (Name of parent or guardian.) (Residence). (Signature of teacher) grade. (Name of principal.) Correct. (Name of school.) EVENING SCHOOL ATTENDANCE CERTIFICATE. (Date). This certifies that (name of minor) is registered in and regularly attends the .... evening school. This also certifies that according to the records of my school and in my belief the said (name of minor) was born at (name of city or town) on the (year), and is now (number of years and months) old. ... day of AGE AND SCHOOL CERTIFICATE. This certifies that I am (father, mother, guardian or custodian) of (name of minor), and that (he or she) was born at (name of town or city) in the (name of county, if known) and State or county of on the (day of birth and year of birth) and is now (number of years (Signature of parent, guardian or custodian.) There personally appeared before me the above named (name of person signing) and made oath that the foregoing certificate by (him or her) signed is true to the best of (his or her) knowledge. I hereby approve the foregoing certificate of (name of child), height (feet and inches), weight complexion (fair or dark), hair (color), having no sufficient reason to doubt that (he or she) is of the age therein certified. OWNER OF CERTIFICATE. This certificate belongs to (name of child in whose behalf it is drawn) and is to be surrendered to (him or her) whenever (he or she) leaves the service of the corporation or employer holding the same; but if not claimed by said child within thirty days from such time it shall be returned to the superintendent of schools, or where there is no superintendent of schools, to the school board. (Signature of person authorized to approve and sign, with official character authority) (town, or city and date.) In the case of a child who cannot read at sight and write legibly simple sentences, the certificate shall continue as follows, after the word sentences: "I hereby certify that (he or she) is regularly attending the (name of public or parochial evening school)." This certificate shall continue in force just as long as the regular attendance of said child at said evening school is certified weekly by the teacher and principal of said school. In any city or town in which there is no public or parochial evening school, an age and school certificate shall not be approved for a child under the age of sixteen years who can not read at sight and write legibly simple sentences. When the public or parochial evening schools are not in session, an age and school certificate shall not be approved any child who can not read at sight and write legibly simple sentences. The certificate of the principal of a public or parochial school shall be prima facie evidence as to the literacy or illiteracy of the child. for SEC. 8. No person shall employ any minor over fourteen years of Illiterates. age and under sixteen years, and no parent, guardian or custodian shall permit to be employed any such minor under his control, who can not read at sight and write legibly simple sentences, while a public evening school is maintained in the town or city in which such minor resides, unless such minor is a regular attendant at such evening school. SEC. 9. The State inspector of factories, his assistants or deputies, Inspection. shall visit all mercantile institutions, stores, offices, laundries, manufacturing establishments, bowling alleys, theaters, concert halls or places of amusement, factories or workshops, and all other places where minors are or may be employed in this State, and ascertain whether any minors are employed contrary to the provisions of this act. Inspectors of factories may require that age and school certificates, and all lists of minors employed in such factories, workshops, mercantile institutions and all other places where minors are employed as provided for in this act, shall be produced for their inspection on demand: And, provided further, That upon written complaint to the school board or local school authorities of any city, town, district or municipality, that any minor (whose name shall be given in such complaint) is employed in any mercantile institution, store, office, laundry, manufacturing establishment, bowling alley, theater, concert hall or place of amusement, passenger or freight elevator, factory or workshop, or as messenger or driver therefor, contrary to the provi Hours of labor. Night work. Certain occu den. sions of this act, it shall be the duty of such school board or local school authority to report the same to the State inspector of factories. SEC. 10. No person under the age of sixteen years shall be employed or suffered or permitted to work at any gainful occupation more than forty-eight hours in any one week, nor more than eight hours in any one day; or before the hours of seven o'clock in the morning or after the hour of seven o'clock in the evening. Every employer shall post in a conspicuous place in every room where such minors are employed, a printed notice stating the hours required of them each day of the week, the hours of commencing and stopping work, and the hours when the time or times allowed for dinner or for other meals begins and ends. The printed form of such notice shall be furnished by the State inspector of factories, and the employment of any such minor for longer time in any day so stated shall be deemed a violation of this section. SEC. 11. No child under the age of sixteen years shall be employed pations forbid- at sewing belts, or to assist in sewing belts, in any capacity whatever; nor shall any child adjust any belt to any machinery; they shall not oil or assist in oiling, wiping or cleaning machinery; they shall not operate or assist in operating circular or band saws, wood-shapers, wool- [wood] jointers, planers, sandpaper or wood-polishing machinery, emery or polishing wheels used for polishing metal, wood-turning or boring machinery, stamping machines in sheet metal and tinware manufacturing, stamping machines in washer and nut factories, operating corrugating rolls, such as are used in roofing factories, nor shall they be employed in operating any passenger or freight elevators, steam boiler, steam machinery, or other steam generating apparatus, or as pin boys in any bowling alleys; they shall not operate or assist in operating dough brakes, or cracker machinery of any description; wire or iron straightening machinery; [n]or shall the[y] operate or assist in operating rolling mill machinery punches, or shears, washing, grinding or mixing mill or calender rolls in rubber manufacturing, nor shall they operate or assist in operating laundry machinery; nor shall children be employed in any capac ity in preparing any composition in which dangerous or poisonous acids are used, and they shall not be employed in any capacity in the manufacture of paints, colors or white lead; nor shall they be employed in any capacity whatever in operating or assisting to operate any passenger or freight elevator; nor shall they be employed in any capacity whatever in the manufacture of goods for immoral purposes, or any other employment that may be considered dangerous to their lives or limbs, or where their health may be injured or morals depraved; nor in any theater, concert hall, or place of amusement wherein intoxicating liquors are sold; nor shall females under sixteen years of age be employed in any capacity where such employment compels them to remain standing constantly. Evidence of employment. Enforcement. Penalty. SEC. 12. The presence of any person under the age of sixteen years in any manufacturing establishment, factory or workshop, shall constitute prima facie evidence of his or her employment therein. SEC. 13. It shall be the special duty of the State factory inspector to enforce the provisions of this act, and to prosecute all violations of the same before any magistrate or any court of competent jurisdiction in this State. It shall be the duty of the State factory inspector, assistant State factory inspector and deputy State factory inspectors under the supervision and direction of the State factory inspector, and they are hereby authorized and empowered to visit and inspect, at all reasonable times, and as often as possible, all places covered by this act. SEC. 14. Whoever, having under his control a child under the age of 16 years, permits such child to be employed in violation of the provisions of this act, shall for each offense be fined not less than $5 nor more than $25, and shall stand committed until such fine and costs are paid. A failure to produce to the inspector of factories, his assistants or deputies, any age and school certificates, or lists required by this act, shall constitute a violation of this act, and the person so failing shall, upon conviction, be fined not less than $5 nor more than $50 for each offense. Every person authorized to sign the certificate |