14 June 1887 § 1. P. L. 383. Ibid. § 2. Charter must be subscribed by five or more citizens. Ibid. Contents of certificate of organization. Ibid. Seventh. To enter into any obligation necessary for the transaction of its busi ness. 3. The charter of such intended corporation shall be subscribed by five or more persons, all of whom shall be citizens of this commonwealth, who shall certify in writing to the governor 4. First. The name of the corporation. Second. The place where its business is proposed to be conducted, at which place shall be located its general office. Third. The names and residences of the subscribers. Fourth. The number of its directors and the names and residences of those chosen for the first year. 5. Notice of the intention to apply for such charter shall be inserted in two newsNotice of intention papers of general circulation, printed in the county within which the general office to be published. Ibid. of treasurer to be stated in the cer is proposed to be located, once a week for three weeks, setting forth briefly the character and object of the proposed corporation, the intention to apply for such charter, and the location of its general office and principal place of business. 6. Such certificate shall give the name and address of the treasurer of the Name and address company, which may be an incorporated state or national bank, authorized to do business within the county where the principal office of the proposed corporation is located; said certificate shall be acknowledged by at least three of the subscribers thereto before the recorder of deeds of the county in which its principal office is located, and the subscribers shall also make and subscribe an oath or affirmation before him, to be indorsed in such certificate, that the statements therein contained are true. tificate. To be acknowl edged. Oath. Ibid. Be approved by the governor. Letters-patent. Ibid. Certificate to be recorded. Subscribers shall be a corporation. Ibid. Franchises not to be for benefit of any class. Ibid. § 3. May borrow on bond and mort gage. Limitation. Interest. Ibid. §4. Right of eminent domain. Exceptions. Ibid. § 5. Existing corporations may accept. 7. The certificate so indorsed, accompanied with proof of publication of notice as hereinbefore provided, shall then be produced to the governor of the commonwealth, who shall examine the same, and if he find it to be in the proper form and within the purposes herein named, shall indorse his approval thereon, and direct letters-patent to issue in the usual form, incorporating the subscribers and their associates and successors into a body politic and corporate, in deed and in law, by the name chosen. 8. The original certificate, with all its indorsements, shall be recorded in the office of the secretary of the commonwealth, in a book to be kept by him for such purpose, and he shall forthwith furnish to the auditor-general an abstract therefrom, showing the name and location of the company and the name and address of its treasurer. The original certificate, with all of its indorsements, shall then be recorded in the office for recording deeds, in the county in which is located its general office, and from thenceforth the subscribers thereto, their associates and successors, shall be a corporation for the purposes and upon the terms named in said certificate. 9. No franchise granted under this act shall be exercised for the exclusive use or benefit of any part or class of the public. 10. It shall be lawful for any corporation named in this act to borrow money and secure any indebtedness created by it, by issuing bonds, not to exceed the sum of two hundred thousand dollars, with or without interest coupons attached thereto, and to secure the same by a mortgage or mortgages, for the use of its bondholders, upon its property, real and personal, and its franchises, but no such bond or indebtedness shall bear a rate of interest exceeding six per centum per annum. 11. The taking of such public lands for the erection and maintenance thereon of buildings, or other structures, for the public exposition of manufactured articles, agricultural products, minerals and all articles pertaining to the arts and sciences, and providing public instruction in the arts and sciences, by the exercise of the right of eminent domain, is hereby declared to be taking of said land for public use. Any corporation chartered under this act for the purpose herein inentioned, or any corporation heretofore chartered for like purpose, and accepting the provisions of this act, as hereinafter prescribed, shall have the right of eminent domain for the purpose of appropriating to its use such public lands, easements and other property, as may be necessary for the purpose of its incorporation; such right, however, shall not be exercised as to any burying-ground, passenger railroad station-house, nor as to any street, alley, highway, wharf-landing, or other property of any incorporated city, town or borough, without the consent of its councils first had to such appropriation, by ordinance duly passed and approved, nor shall such right in any event be exercised as to any tide-water wharf, nor as to that part of any other public wharf, or river landing, which has been theretofore graded and paved by the municipality, and if not so graded and paved, such wharf or river landing may be appropriated as herein provided, any limitation of use thereof by the municipality by donation, dedication, appropriation, statute or otherwise, to the contrary notwithstanding. 12. Any company, heretofore incorporated, not for profit, and for any of the purposes named in this act, upon accepting the provisions of this act in writing under the seal of the corporation, filed in the office of the secretary of this commonwealth, together with a surrender of its letters-patent or charter, which shall EXHIBITION COMPANIES. P. L. 383. be filed with such certificate, shall thereupon become and be a body corporate here- 14 June 1887 § 5. name. FACTORIES. See WAGES. I. HOURS OF LABOR-EMPLOYMENT OF CHILDREN. 1. Ten hours a legal day's labor in factories. No minor under thirteen to be employed. 2. Employés under twenty-one not to be employed more than ten hours a day. 3. Penalty for violation. 4. Duties of constables. 5. Penalty for employing children under thirteen years. 6. Children between thirteen and sixteen not to be employed more than nine months in one year. 7. Punishment of parents. 8. Children under twelve years not to be employed. 9. Penalty. 10. Minor not to be employed more than twelve hours a day or sixty hours a week. 11. Children under thirteen not to be employed. Register to be kept of children under sixteen. Affidavit. 12. Printed notice of number of hours per day. List to be posted of names and ages of children under sixteen. 13. What shall be deemed a factory. 21 April 1849 § 2. P. L. 672. I. Hours of labor-Employment of children. 1. Labor performed during a period of ten hours, (a) on any secular day, in all cotton, woollen, silk, paper, bagging and flax factories, shall be considered a legal day's labor; and hereafter no minor shall be employed in or about any of legal day's labor in said factories until he or she shall have obtained (attained) to the age of thirteen years. Ten hours a factories. 7 May 1885 § 1. P. L. 472. Time that minors may be employed. Ibid. § 2. Penalty for violation. 2. No male or female operative under the age of twenty-one years shall, under any contract, be employed in cotton, woollen, silk, flax, bagging or paper manufactories in this commonwealth, for a longer period than sixty hours in any one week, or more than an average of ten hours a day during the same period. 3. If any person shall knowingly employ, or any parent or guardian consent to the employment of any male or female operative, under the age of twenty-one years as aforesaid, contrary to the preceding section, and proof be made thereof before any alderman or justice of the peace of the ward, borough or district where such offence is committed, he, she or they so employing such operatives, or consenting thereto as aforesaid, shall, for every such offence, forfeit and pay the penalty of not How recoverable. less than ten, nor more than fifty dollars, to be recovered before any alderman or justice of the peace of the proper ward, borough or district, in the same manner as the like penalties are now recovered, to be applied to the use of the public schools of the proper district: Provided, That no penalty shall be recovered under this act, unless sued for within one month after the same shall have occurred; nor shall any person recover more than one penalty for the working of any factory for the same period of time. Limitation. Ibid. § 3. Duties of constables. 21 April 1849 § 3. P. L. 672. Penalty for employing children under 13 years. Ibid. § 4. Children between 4. All the ward, borough and township constables are hereby authorized and required, and it is hereby made their duty, to attend to the strict observance of the two preceding sections of this act, when complaint shall have been properly made to them of a violation of the same. 5. If any owner or employer of or in any of the said factories, or his, her or their agent, shall wilfully or knowingly employ any minor below the age of thirteen years as aforesaid, the person or persons so offending shall pay a penalty of fifty dollars for every such offence, to be sued for and recovered by any person suing for the same, as other debts of like amount are now by law recoverable, one-half of the same to belong to the persons suing for the same, and the other half to the county in which the offence was committed. 6. No minor who has attained the age of thirteen, and is under the age of sixteen years, shall be employed in any of the factories aforesaid for a longer period than 13 and 16, when to nine calendar months in any one year, and who shall not have attended school for at least three consecutive months within the same year; and any owner or employer of or in any of the factories aforesaid, offending against the provisions of this sec be employed. (a) By act 14 April 1868, P. L. 99, eight hours of labor, between the rising and setting of the sun, shall be deemed and held to be a legal day's work, in all cases of labor and service by the day, where there is no contract or agreement to the contrary. See tit. "Labor." tion shall be liable to the penalty provided in the 3d section of this act, to be sued 21 April 1849 § 4. for, recovered and applied as therein provided. P. L. 672. Ibid. § 5. ents, &c., for per 7. If any parent or guardian shall consent to, permit or connive at the employment of his or her child or ward, under the age of thirteen years, in any of the said factories; or if such parent or guardian shall consent to, permit or connive at the Penalty on paremployment of his or her child or ward, over the age of thirteen years, and under mitting children the age of sixteen years, for a longer period than ten hours in any secular day, the under 18 to be employed. person so offending shall forfeit and pay the sum of fifty dollars for every such offence, to be sued for and recovered as provided in the 3d section of this act, and for the uses therein specified. 8. It shall be unlawful for any person, persons, firms, companies, associations or corporations, to employ any child under the age of twelve years to do any work in or about any mill, manufactory or mine in this commonwealth. 1 June 1887 § 1. P. L. 287. Employment of children under twelve in mills, &c. Ibid. § 2. 9. Any person, persons or corporations, who may violate this act, shall, on conviction, pay a fine of not less than twenty dollars, nor more than one hundred dollars, at the discretion of the court. Said fines, arising from the violation of this Penalty. act, shall be paid to the treasury of the proper county, where said violation shall occur. P. L. 276. Minor not to be employed longer than 12 hours af week. not to be em 10. No minor shall be employed at labor or detained in any manufacturing estab- 3 June 1893 § 1. lishment or mercantile industry, or any laundry or renovating establishments, for a longer period than twelve hours in any day, nor for a longer period than sixty hours in any week. 11. No child under thirteen years of age shall be employed in any factory, man- day or 60 hours a ufacturing or mercantile establishment, renovating works or laundry within this Ibid. § 2. state. It shall be the duty of every person so employing children to keep a register in which shall be recorded the name, birthplace, age and place of residence, name Children under 13 of parent or guardian, and date when employment ceases, of every person so em- ployed. ployed by him under the age of sixteen years. And it shall be unlawful for any Register of persons factory, manufacturing or mercantile establishment to hire or employ any child under 16 to be under the age of sixteen years, without there is first provided, and placed on file kept. an affidavit made by the parent or guardian, stating the age, date and place of birth or guardian of of said child. If said child have no parent or guardian, then such affidavit shall be such children. made by the child, which affidavit shall be kept on file by the employer, and which Affidavit of child. said register and affidavit shall be produced for inspection on demand by the inspector or any of the deputies appointed under this act. Affidavit of parent per day. 12. Every person, firm or corporation, employing women or children, or either, Ibid. § 3. in any factory, manufacturing or mercantile establishment, or renovating works or Printed notice of laundry, shall post and keep posted, in a conspicuous place in every room where number of hours such help is employed, a printed notice, stating the number of hours per day for List of names and each day of the week required of such persons, and in every room where children ages of children under sixteen years of age are employed, a list of their names with their age. 13. No person, firm or corporation, employing less than five persons, shall be Ibid. § 4. deemed a factory, manufacturing or mercantile establishment, within the mean- What shall be ing of this act. II. Inspection and regulation of factories. under 16. deemed a factory. P. L. 276. Power of inspector. 14. The governor shall, immediately after the passage of this act, appoint, with 8 June 1898 § 5. the advice and consent of the senate, a factory inspector, at a salary of three thousand dollars per year, whose term of office shall be three years, at the expiration of Governor to apwhich the governor shall appoint his successor.(b) The said inspector shall be em- point factory inpowered to visit and inspect at all reasonable hours and as often as practicable, the spector. factories, workshops and other establishments in the state employing women and Salary and term. children. It shall also be the duties of said inspector to enforce the provisions of this act and to prosecute all violations of the same before any magistrate or any visions of act. court of competent jurisdiction in the state. It shall be the duty of the factory To make annual inspector to report to the governor, on or before the thirtieth day of November of report to governor. each year, the names of factories inspected, the number of hands employed in each, the maximum number of hours' work performed each week. Of these reports five thousand shall be published, five hundred of which shall be furnished to the governor, two thousand to the house of representatives, one thousand to the senate, and fifteen hundred to the factory inspector's department. 15. All necessary expenses incurred by said inspector in the discharge of his duty shall be paid from the funds of the state, upon the presentation of proper vouchers for the same: Provided, That not more than four thousand dollars shall be expended by him therefor in any one year. Ibid. § 6. Expenses. Ibid. § 7. 16. It shall be the duty of the owner, agent or lessee of any such factory, manufacturing or mercantile establishment, where hoisting shafts or well holes are used, Shafts or well holes to cause the same to be properly and substantially enclosed or secured, if, in the to be enclosed. opinion of the inspector, it is necessary to protect the life or limbs of those employed (b) The attorney-general has decided that this act does not apply to factories wherein men only are employed. P. L. 276. 3 June 1893 § 7. in such establishments. It shall be the duty of the owners, agent or lessee, to provide, or cause to be provided, 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. Doors in or at all elevator ways. Ibid. § 8. Automatic shifters for throwing on or 17. It shall also be the duty of the owner of such factory, mercantile industry or manufacturing establishment, or his agent, superintendent or other person in charge of the same, to furnish and supply, or cause to be furnished and supplied, off belts or pulleys. in the discretion of the inspector, where dangerous machinery is in use, automatic shifters, or other mechanical contrivances, for the purpose of throwing on or off belts or pulleys. And no minor under sixteen years of age shall be allowed to clean machinery while in motion. All gearing and belting shall be provided with proper safeguard. Ibid. § 9. Report of accidents to inspector. Ibid. § 10. Wash-room and 18. It shall be the duty of the owner or superintendent to report, in writing, to the factory inspector all accidents or serious injury done to any person employed in such factory within twenty-four hours after the accident occurs, stating as fully as possible the cause of such injury. 19. A suitable and proper wash and dressing room and water-closets shall be provided for females, where employed, and the water-closets used by females shall closets for females. not adjoin those used by males, but shall be built entirely away from them, and shall be properly screened and ventilated and at all times kept in a clean condition. Ibid. § 11. Noon-day meal. 20. Not less than forty-five minutes shall be allowed for the noonday meal in any manufacturing establishment in this state. The factory inspector, his assistPermit for shorter ant or any of his deputies, shall have power to issue permits in special cases, allowing a shorter meal time at noon, and such permit must be conspicuously posted in the main entrance of the establishment, and such permit may be revoked at any time the inspector deems necessary, and shall only be given where good cause can be shown. meal time. Ibid. § 12. When heating arrangements, &c., are injurious. Or means of egress not sufficient. Or belting, vats, 21. If the inspector of factories find that the heating, lighting, ventilation or sanitary arrangement of any shop, or factory, is such as to be injurious to the health of persons employed therein, or that the means of egress in case of fire or other disaster is not sufficient or in accordance with all the requirements of law, or that the belting, shafting, gearing, elevators, drums and machinery, in shops and factories are located so as to be dangerous to employés and not sufficiently &c., not guarded. guarded, or that the vats, pans or structures filled with molten metal or hot liquid Inspector to notify are not surrounded with proper safeguards for preventing accident or injury to proprietor to make those employed at or near them, he shall notify the proprietor of such factory or workshop to make the alterations or additions necessary within sixty days, and any factory requiring exits or other safeguards provided for in fire-escape law in case of fire, the same shall be erected by order of factory inspector regardless the exemption granted by any board of county commissioners, fire marshals or other authorities, and if such alterations and additions are not made within sixty days from the date of such notice, or within such time as said alterations can be made with proper diligence upon the part of such proprietors, said proprietors or agents shall be deemed guilty of violating the provisions of this act. alterations. When alterations may be made by inspector. Ibid. § 13. Inspector may ap ties. 22. The factory inspector, now or hereafter appointed under and by virtue of the provisions of this law, is hereby authorized to appoint such number of persons point twelve depu- as in his judgment may be deemed necessary, not exceeding twelve, five of whom shall be females, who shall be known as deputy factory inspectors, either or any one or more of whom may be appointed to act as clerk in the main office, and whose duties it shall be to enforce the provisions of this act and of the several acts relating to factories and manufacturing establishments. The powers of said deputies shall be the same as the powers of the factory inspector, subject to the supervision and direction of the factory inspector. Clerk. Ibid. § 14. Travelling ex 23. The travelling expenses of each of said deputies shall be approved by the inspector and audited by the auditor-general of the state before payment, and said penses of deputies. deputy inspectors shall have an annual salary of twelve hundred dollars, to be paid monthly by the treasurer of the state out of any moneys not otherwise appropriated. Salary. Ibid. § 15. 24. Said factory inspector shall have power to divide the state into districts and State to be divided to assign one of said deputies to each district, and may transfer any of the deputies to other districts in case the best interests of the state require it. The inspector shall have the power of removing any of the deputy inspectors at any time. Ibid. § 16. 25. An office shall be furnished in the capitol, as soon as practicable, which shall be set apart for the use of the factory inspector. The factory inspector and his Office for inspector. deputies shall have the same power to administer oaths or affirmations as is now given to notaries public in cases where persons desire to verify documents connected with the proper enforcement of this act. Power to adminis ter oaths. Ibid. § 17. Violation of act a misdemeanor. Penalty. 26. Any person who violates any of the provisions of this act, or who suffers or permits any child or female to be employed in violation of its provisions, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine of not more than five hundred dollars. |