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4. CERTIFICATE OF AGE-MISREPRESENTATION BY BOY-STATUTE NOT WAIVED.

No hard and fast rule is deducable whereby a mine operator is relieved from the duty of exercising reasonable care and diligence to ascertain whether a certificate produced to him by a boy is genuine and its statements true. But a court would not be warranted in holding that the boy who misrepresents his age at the time he obtains the prohibited employment, legally concludes him from proving his true age. In fact, the provisions of the statute can not be impliedly waived by the parties to the contract of employment. This must be true of statutory provisions intended for the protection of children, and a boy under fifteen years of age can not waive the prohibition of the statute. The fact that he misrepresents his age does not of itself relieve the employer from the consequences of putting him at a prohibited employment. Hrabchak v. Delaware & Hudson Co., 54 Pa. Super. Ct. Rep. 626, p. 632. CHANGE OF AGE OF BOYS-AMENDMENT.

LAWS 1903, P. 359.

MAY 13, 1903.

AN ACT To amend Article IX, section 1, of an act entitled "An act to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith," approved June 2, 1891; also, to amend section 16 of an act entitled "an act relating to bituminous coal mines, and providing for the lives, health, safety, and welfare of persons employed therein," approved June 30, 1885.

SEC. 1. Be it enacted, etc.:

That the first section of article nine of an act entitled "An act to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith," approved June 2, 1891, which reads as follows: (here follows. sec. 1 of Article IX), be amended so that the same shall read as follows: No boy under the age of sixteen years, and no woman or girl of any age, shall be employed or permitted to be in any mine for the purpose of employment therein. Nor shall a boy under the age of fourteen years, or a woman or girl of any age, be employed or permitted to be in or about the outside structures or workings of a colliery for the purpose of employment; but it is provided, however, that this prohibition shall not affect the employment of a boy or female of suitable age in an office or in the performance of clerical work at a colliery.

1. LEGISLATION

VALIDITY.

ANNOTATIONS.
CHANGE OF AGE.

COVERING ANTHRACITE

2. TITLE OF ACT-INSUFFICIENT.

3. AMENDMENT-TWO DISTINCT ACTS.

AND BITUMINOUS MINES

1. LEGISLATION COVERING ANTHRACITE AND BITUMINOUS MINES-VALIDITY. Anthracite mining and bituminous mining are in a sense two distinct subjects and have been regulated by different statutes, one act applying to one and not to the other. These different kinds of coal are species of a single genus, and it is no doubt competent for the legislature to enact laws applying to both of them. The amendment of two distinct acts, which refer to different subjects of legislation in one act, even though they may be part of a general subject, constitutes two subjects within the meaning of the constitution, each subject being the amendment of a particular act so that it shall read in a particular way, and is void.

Commonwealth v. Schulte, 13 Pa. Dist. Rep. 294.

2. TITLE OF ACT-INSUFFICIENT.

The title of this act indicates an intention to amend section 17 of the act of June 30, 1885 (P. L. 205). Section 2 refers to section 1 of Article IX of the act of 1885, but there is no section 1 of Article IX of that statute, as there is no separation of that statute into articles, and the language set forth for amendment is not the language of any section of the act of 1885. The act of 1885 prohibits the employment of boys under 12 years of age, and the part cited for amendment relates to boys under the age of 14 years. The quotation is apparently from section 1 of Article IX of the act of June 2, 1891, relating to anthracite coal mines. This act of 1903 is unconstitutional because it attempts to amend sections of prior statutes that do not in fact exist.

Commonwealth v. Schulte, 26 Pa. Supr. Ct. Rep. 95, p. 96.

This act attempts to amend the act of June 2, 1891, relating to the health and safety of persons employed in and about anthracite mines and also attempts to amend a section of the act of June 30, 1885, relating to bituminous mines. It is held unconstitutional as the title does not indicate the purpose expressed in section 2, and because it proposes to amend a section of an act not found in the act itself.

Commonwealth v. Schulte, 26 Pa. Supr. Ct. Rep. 95, p. 96.

One part of the title of this act professes to amend section 17 of the act of June 30, 1885 (P. L. 205), but the section set out to be amended corresponds with section 16, and not with section 17. The title of the act speaks of one section, while the body of the act speaks of another section and recites for amendment a still different section.

Commonwealth v. Schulte, 13 Pa. Dist. Rep. 294.

3. AMENDMENT-TWO DISTINCT ACTS.

This act is void for the reason that it is an attempt to amend two distinct acts by one act, and for the reason that its title is misleading in that it professes to amend a section of the act which is not mentioned in the act itself, and because it is not competent for the legislature to amend in effect the act of 1893 without reciting its provisions but instead it recited the provisions of an act on the same subject which was not in force.

Commonwealth v. Schulte, 13 Pa. Dist. Rep. 294, p. 295.

BOYS AND FEMALES-EMPLOYMENT-AMENDMENT.

LAWS 1903, 359, P. 360.

MAY 18, 1903.

AN ACT to amend Article IX, section 1, of an act, entitled "An act to provide for the health and the safety of persons employed in and about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith," approved June 2, 1891; also, to amend section 17 of an act entitled, "An act relating to bituminous coal mines, and providing for the lives, health, safety and welfare of persons employed therein," approved June 30, 1885.

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SEC. 2. That the first section of article nine of an act, entitled "An act relating to bituminous coal mines, and providing for the lives, health, safety and welfare of persons employed therein," approved June 30, 1885, which reads as follows (here follows Article IX), be amended so that the same shall read as follows:

No boy under the age of sixteen years, and no woman or girl of any age, shall be employed or permitted to be in any mine for the purpose of employ

ment therein; nor shall a boy under the age of fourteen years, or a woman or girl of any age, be employed or permitted to be in or about the outside structures or workings of a colliery for the purpose of employment; but it is provided, however, that this prohibition shall not affect the employment of a boy or female, of suitable age, in an office or in the performance of clerical work at a colliery.

REGULATION OF EMPLOYMENT.

LAWS 1905, P. 344.

MAY 2, 1905.

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 coal breaker 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 anhracite 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 superintendent, 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 à penalty for the violation of the provisions of this act. (Repealed. See p. 808.)

SEC. 1. Be it enacted, etc.:

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.

SEC. 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 collected, 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.

SEC. 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 certificate, as hereinafter prescribed, and maintains a

complete list of such children employed. Such lists and employment certificates, at all times during the employment of such minor children, shall be subject to the inspection of any common-school superintendent, 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.

SEC. 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 the 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 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.

SEC. 5. An affidavit, in duplicate, as to the age 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 registration of birth, baptism or circumcision of such child, as kept by any religious denominations, or by a certificate of the registration of his or her birth, as kept by any public authority; or, in the case of a foreign-born child, a true copy of passenger manifest, passport or other official record, filed at the office of the commissioner of immigration at the port of arrival.

SEC. 6. The employment certificate required by 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 I.

Commonwealth of Pennsylvania,

County of‒‒‒‒

SS.

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------, A. D., 19--, 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, baptism or circumcision, the certificate of public registration 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 cerificates 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 compiled 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.)

Provided, That where no certificate of registration 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, 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 statement of the principal teacher of the last school which 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,

County of‒‒‒

SS.

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 baptized (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 of affidavit and school record: Personally appeared before me the above named (name of person signing), this day of ...___A. D. 19__ 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

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