If the employee is discharged within one week without said employee's fault another position shall be furnished or three-fifths of the fee returned to the applicant for employment if he so elects. Failure of said applicant for help to notify said licensed person that such help has been obtained through means other than said agency shall entitle said licensed person to retain or collect three-fifths of the said fee. No such licensed person shall send out any applicant for employment without having obtained, either orally or in writing, a bona fide order therefor, and if it shall appear that no employment of the kind applied for existed at the place to which said applicant was directed, the said licensed person shall refund to such applicant within three days of demand any sums paid by said applicant for transportation in going to and returning from said place, and all fees paid by said applicant. It shall be the duty of such licensed person to give to every applicant for employment from whom a fee shall be received a receipt in which shall be stated, the name of said applicant, the date and amount of the fee, and the purpose for which it was paid, and to every applicant for help a receipt stating the name and address of said applicant, the date and amount of the fee, and the kind of help to be provided. Every such receipt, excepting only those given by theatrical, and those procuring technical, clerical, sales and executive positions for men only, shall have printed on the back thereof a copy of this section in the English language and in any language which the person to whom the receipt is issued can understand. No such licensed person shall receive or accept any valuable thing or gift as a fee or in lieu thereof. No such licensed person shall divide fees with contractors or their agents or other employers or any one in their employ to whom applicants for employment are sent. Every such licensed person shall give to each applicant for employment a card or printed paper containing the name of the applicant, name and address of such employment agency and the written name and address of the person to whom the applicant is sent for employment. Every such licensed person shall post in a conspicuous place in each room of such agency sections four, five and six of this act, which shall be printed in large type in languages which persons commonly doing business with such office can understand. Such printed law shall also contain the name and address of the officer charged with the enforcement of this law.

Sec. 6. No such person shall induce or attempt to induce any domestic employee to leave his employment with a view to obtaining other employment through such agency. Whenever such licensed person or any other acting for him, agrees to send one or more persons to work as contract laborers in any one place outside the city in which such agency is located, the said licensed person shall file with the mayor or commissioner of licenses, within five days after the contract is made, a statement containing the following items: Name and address of the employer, name and address of the employee; nature of the work to be performed, hours of labor; wages offered, destination of the persons employed, and terms of transportation. A duplicate copy of this statement shall be given to the applicant for employment in a language which he is able to understand.

Sec. 7. No such licensed person shall send or cause to be sent any female as a servant or inmate or performer to enter any place of bad repute, house of ill-fame, or assignation house, or to any house or place of amusement kept for immoral purposes, or place resorted to for the purposes of prostitution, or gambling house, the character of which such licensed person could have ascertained upon reasonable inquiry. No such licensed person shall knowingly permit any person of bad character, prostitutes, gamblers, intoxicated persons or procurers to frequent such agency. No such licensed person shall accept any application for employment made by or on behalf of any child or shall place or assist in placing any such child in any employment whatever in violation of the compulsory education law, known as title sixteen, of the consolidated school law of eighteen hundred and ninety-four, as amended; and in violation of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, known as the labor law. No licensed person, his agents, servants or employees, shall induce or compel any person to enter such agency for any purpose, by the use of force or by taking forcible possession of said person's property. No such licensed person, his agents or employees, shall have sexual intercourse with any female applicant for employment. No such person shall procure or offer to procure help or employment in rooms or on premises where intoxicating liquors are sold to be consumed on the premises whether or not dues or a fee or privilege is exacted, charged, or received directly or indirectly. For the violation of any of the foregoing provisions of this section the penalty shall be a fine of not less than fifty dollars, and not more than two hundred and fifty dollars, or imprisonment for a period of not more than one year or both, at the discretion of the court. No such licensed person shall publish or cause to be published any false or fraudulent or misleading notice or advertisement; all advertisements of such employment agency by means of cards, circulars, or signs and in newspapers and other publications, and all letter heads, receipts, and blanks shall contain the name

and address of such employment agency and no such licensed person shall give any false information, or make any false promise or false representation concerning employment to any applicant who shall register for employment or help.

Sec. 8. In cities of the first class the enforcement of this act shall be intrusted to a commissioner to be known as a commissioner of licenses, who shall be appointed by the mayor, and whose salary together with those of a deputy commissioner, and inspectors to be appointed by him shall be fixed by the board of estimate and apportionment. Said commissioner of licenses and deputy commissioner shall have no other occupation or business. He shall appoint inspectors who shall make at least bimonthly visits to every such agency excepting those agencies exempted from keeping the prescribed registers under section four of this act, which shall be inspected on complaint made to said commissioner of licenses. Said inspectors shall have a suitable badge which they shall exhibit on demand of any person with whom they may have official business. Such inspectors shall see that all the provisions of this act are complied with, and shall have no other occupation or business. Complaints against any such licensed person shall be made orally or in writing to the commissioner of licenses, and reasonable notice thereof, not less than one day, shall be given in writing to said licensed person by serving upon him a concise statement of the facts constituting the complaint, and a hearing shall be had before the commissioners [commissioner] of licenses within one week from the date of the filing of the complaint and no adjournment shall be taken for a period longer than one week. A daily calendar of all hearings shall be kept by the commissioner of licenses and shall be posted in a conspicuous place in his public office for at least one day before the date of such hearings. The commissioner of licenses shall render his decision within eight days from the time the matter is finally submitted to him. Said commissioner of licenses shall keep a record of all such complaints and hearings. The said commissioner of licenses may refuse to issue and shall revoke any license for any good cause shown, within the meaning and purpose of this act, and when it is shown to the satisfaction of the commissioner of licenses that any licensed person is guilty of any immoral, fraudulent or illegal conduct in connection with the conduct of said business, it shall be the duty of the commissioner of licenses to revoke the license of such person; but notice of the charges shall be presented and reasonable opportunities shall be given said licensed person to defend himself. Whenever said commissioner of licenses shall refuse to issue or shall revoke the license of any such employment agency, said determination shall be subject to review on writ of certiorari. Whenever for any cause such license is revoked, said commissioner of licenses shall not issue another license to said licensed person or his representative or to any person with whom he is to be associated in the business of furnishing employment. The violation of any provision of this act, except as provided in sections two and seven, shall be punishable by a fine not to exceed twenty-five dollars, and any city magistrate, police justice, justice of the peace, or any inferior magistrate having original jurisdiction in criminal cases, shall have power to impose said fine, and in default of payment thereof to commit the person so offending for a period not exceeding thirty days. The said commissioner of licenses shall institute criminal proceedings for its enforcement before any court of competent jurisdiction.

Sec. 9. All acts or parts of acts relating to employment agencies in cities of the first class, inconsistent with this act, are hereby repealed, except the provisions of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, known as the labor law.

Sec. 10. This act shall apply only to cities of the first class.
Became a law, April 27, 1906.

CHAPTER 328.- Employment offices in cities of the second class.

SECTION 1. The term person when used in this act, means and includes any individual, company, association, or corporation, or their agents, and the term employment agency means and includes the business of keeping an intelligence office, employment bureau, or other agency or office for procuring work or employment for persons seeking employment where a fee or privilege is exacted, charged or received directly or indirectly for procuring or assisting to procure employment, work, or a situation of any kind, or for procuring or providing help for any person, whether such fee is collected from the applicant for employment or the applicant for help, excepting agencies for procuring employment for school teachers exclusively. The term fee as used in this act means money or a written promise to pay money.

SEC. 2. No person shall open, keep or carry on any such employment agency in the cities of the second class, unless every such person shall procure a license therefor from the mayor of the city in which such person intends to conduct such agency. Any person who shall open or conduct such an employment agency without first pro

curing said license shall be punishable by a fine not exceeding two hundred and fifty dollars, or, on failure to pay such fine, by imprisonment not exceeding thirty days. Such license shall be granted upon the payment to said mayor of a fee of twenty-five dollars annually for such employment agencies in cities of the second class. Every license shall contain the name of the person licensed, a designation of the city, street and number of the house in which the person licensed is authorized to carry on the said employment agency, and the number and date of such license. Such license shall not be valid to protect any other than the person to whom it is issued or any place other than that designated in the license unless consent is obtained from the mayor. No such agency shall be located in rooms used for living purposes, where boarders or lodgers are kept, or on premises where intoxicating liquors are sold, excepting cafes and restaurants in office buildings. If said licensed person shall conduct a lodging-house for the unemployed, separate and apart from such agency, it shall be so designated in the license. The application for such license shall be filed not less than one month prior to the granting of said license and shall be accompanied by the affidavits of two persons who have known the applicant or the chief officer thereof, if a corporation for five years, stating that the said applicant is a person of good moral character. The license shall run to the first Tuesday of May next ensuing the date thereof and no longer unless sooner revoked by the mayor.

SEC. 3. The mayor of said city shall require such person to file with his application for a license a bond in due form to the people of the said city in the penal sum of one thousand dollars in cities of the second class, with two or more sufficient sureties, and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions, or requirements of this act. If any person shall be aggrieved by the misconduct of any such licensed person, and shall recover judgment against him therefor, such person may, after the return unsatisfied, either in whole or in part, of any execution issued upon said judgment, maintain an action in his own name upon the bond of said employment agent in any court having jurisdiction of the amount claimed provided such court shall, upon application made for the purpose, grant such leave to prosecute.

SEC. 4. It shall be the duty of every such licensed person to keep a register, approved by the mayor, in which shall be entered, in the English language, the date of every application for employment; the name and address of the applicant; the amount of the fee received, and whenever possible, the names and addresses of former employers or persons to whom such applicant is known. Such licensed person shall also enter in a separate register approved by the mayor in the English language, the name and address of every applicant for help, the date of such application, the kind of help requested, the names of the persons sent, with the designation of the one employed, the amount of the fee received and the rate of wages agreed upon. The aforesaid registers of applicants for employment and for help shall be open during office hours to inspection by the mayor. No such licensed person, his agent or employees, shall make any false entry in such registers. It shall be the duty of every licensed person, whenever possible, to communicate orally or in writing with at least one of the persons mentioned as references for every applicant for work in private families, or employed in a fiduciary capacity, and the result of such investigation shall be kept on file in such agency.

SEC. 5. The fees charged applicants for employment as lumbermen, agricultural hands, coachmen, grooms, hostlers, seamstresses, cooks, waiters, waitresses, scrub women, laundresses, maids, nurses (except professional) and all domestics and servants, unskilled workers and general laborers, shall not in any case exceed ten per centum of the first month's wages, and for all other applicants for employment, shall not exceed the amount of the first week's wages or salary or five per centum of the first year's salary. In case the applicant shall not accept or obtain help or employment, through such agency, then such licensed person shall on demand, repay the full amount of the said fee, allowing five days' time to determine the fact of the applicant's failure to obtain help or employment; except when it appears that the said licensed person has in good faith, attempted to procure help or employment for said applicant, then he shall be entitled to retain of such fee paid, an amount not exceeding fifty cents. If an employee furnished fails to remain one week in the situation, a new employee shall be furnished or three-fifths of the fee returned, within four days of demand; if the employee is discharged within one week without said applicant's fault another position shall be furnished or three-fifths of the fee returned. Failure of said applicant for help to notify said licensed person that such help has been obtained through means other than said agency shall entitle said licensed person to retain or collect three-fifths of the said fee. It shall be the duty of such licensed person to give to every applicant for employment from whom a fee shall be received a receipt in which shall be stated, the name of said applicant, the date and amount of the fee, and the

purpose for which it is paid, and to every applicant for help a receipt stating the name and address of said applicant, the date and amount of the fee, and the kind of help to be provided. Every such receipt shall have printed on the back thereof a copy of this section in the English language and in languages which persons commonly doing business with such office can understand. No such licensed person shall receive or accept any valuable thing or gift as a fee or in lieu thereof and no fee shall be accepted by such licensed person for any other purpose except as herein provided. No such licensed person shall divide fees with contractors or other employees to whom applicants for employment are sent. Every such licensed person shall give to each applicant for employment a card containing the name and address of such employment agency and the written name and address of the person to whom the applicant is sent for employment. Every such licensed person shall post in a conspicuous place in each room of such agency a plain and legible copy of this act, which shall be printed in languages, which persons commonly doing business with such office can understand.

SEC. 6. No such person shall induce or attempt to induce any employee to leave his employment with a view to obtaining other employment through such agency. Whenever such licensed person or any other acting for him, agrees to send one or more persons to work as contract laborers in any one place outside the city in which. such agency is located, the said licensed person shall file with the mayor within five days after the contract is made, a statement containing the following items: name and address of the employer, name and address of the employee; nature of the work to be performed, hours of labor; wages offered, designation [destination] of the persons employed, and terms of transportation. A duplicate copy of this statement shall be given to the applicant for employment in a language which he is able to understand. SEC. 7. No such licensed person shall send or cause to be sent any female help as servants or inmates to any questionable place, or place of bad repute, house of ill fame, or assignation house, or to any house or place of amusement kept for immoral purposes, the character of which such licensed person could have ascertained upon reasonable inquiry. No such licensed person shall knowingly permit questionable characters or procurers to frequent such agency. No such licensed person shall publish or cause to be published any false or fraudulent notice or advertisement; all advertisements of such employment agency by means of cards, circulars, or signs and in newspapers and other publications, and all letter heads, receipts, and blanks shall contain the name and address of such employment agency and no such licensed person shall give any false information, or make any false promise concerning employment to any applicant who shall register for employment or help.

SEC. 8. In cities of the second class this law shall be enforced by the mayor, or an officer appointed by him. Any violation of the provisions of this act shall constitute a misdemeanor punishable by a fine of not more than two hundred and fifty dollars or imprisonment for not more than one year, except as provided in section two, and the mayor shall institute criminal proceedings for its enforcement before any court of competent jurisdiction.

ŠEC. 9. All acts and parts of acts relating to employment agencies in cities of the second class, inconsistent with this act, are hereby repealed, except the provisions of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven known as the labor law.

Became a law, April 27, 1906.

CHAPTER 366.-Inspection of factories-Guards, etc., for dangerous machinery.

SECTION 1. Section eighty-one of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, as amended by chapter one hundred

*
*

and ninety-two of the laws of eighteen hundred and ninety-nine and chapter two hundred and ninety-one of the laws of nineteen hundred and four, is hereby amended to read as follows:

Section 81. The owner or person in charge of a factory where machinery is used, shall provide, in the discretion of the commissioner of labor, belt shifters or other mechanical contrivances for the purpose of throwing on or off belts on pulleys. Whenever practicable, all machinery shall be provided with loose pulleys. All vats, pans, saws, planers, cogs, gearing, belting, shafting, set-screws, and machinery, of every description, shall be properly guarded. No person shall remove or make ineffective any safeguard around or attached to machinery, vats or pans, while the same are in use, unless for the purpose of immediately making repairs thereto, and all such safeguards so removed shall be promptly replaced. Exhaust fans of sufficient power shall be provided for the purpose of carrying off dust from emery wheels, grindstones and other machinery creating dust; except where in case of woodworking machinery,

the commissioner of labor after first making and filing in the public records of his office a written statement of the reasons therefor shall decide that it is unnecessary for the health and welfare of the operatives. If a machine or any part thereof is in a dangerous condition or is not properly guarded, the use thereof may be prohibited by the commissioner of labor and a notice to that effect shall be attached thereto. Such notice shall not be removed until the machine is made safe and the required safeguards are provided, and in the meantime such unsafe or dangerous machinery shall not be used. When in the opinion of the commissioner of labor it is necessary, the workrooms, halls and stairs leading to the workrooms shall be properly lighted, and in cities of the first class, if deemed necessary by the commissioner of labor, a proper light shall be kept burning by the owner or lessee in the public hallways near the stairs upon the entrance floor and upon the other floors on every workday in the year, from the time when the building is opened for use in the morning until the time it is closed in the evening, except at times when the influx of natural light shall make artificial light unnecessary. Such lights to be independent of the motive power of such factory. No male person under eighteen years or woman under twentyone years of age shall be permitted or directed to clean machinery while in motion. Children under sixteen years of age shall not be permitted to operate or assist in operating dangerous machines of any kind.

Became a law, May 10, 1906.

CHAPTER 375.- Mine regulations-Employment of women and children.

SECTION 1. Article nine of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, * * * is hereby amended by adding at the end thereof four new sections to be sections one hundred and thirty, one hundred and thirty-one, one hundred and thirty-two and one hundred and thirty-three, and to read as follows: Section 130. In all mines there shall be cut out of or around the sides of every hoisting shaft or driven through the solid strata at the bottom thereof, a traveling way not less than five feet high and three feet wide to enable persons to pass the shaft in going from one side to the other without passing over or under or in the way of the cage or other hoisting apparatus.

Section 131. Whenever a mine or quarry operator has engaged or is about to engage in the development of new industries by the sinking of new shafts, inclines, tunnels or quarries, he shall report to the commissioner of labor, giving the name of the owner or owners, and the location of the property before the work of excavation shall have reached the depth of twenty-five feet.

Section 132. It shall be the duty of every mine or quarry operator to notify the commissioner of labor of the discontinuance or abandonment of any mine or quarry, when and in the event that such mine or quarry shall be closed permanently or abandoned. Section 133. No child under sixteen years of age shall be employed, permitted or suffered to work in or in connection with any inine or quarry in this State. No female shall be employed, permitted or suffered to work in any mine or quarry in this State.

Became a law, May 10, 1906.

CHAPTER 401.-- Inspection of factories

Bakeries, etc.

***

SECTION 1. Sections one hundred and eleven, and one hundred and fourteen of chapter four hundred and fifteen of the laws of eighteen hundred and ninety-seven, are hereby amended to read respectively as follows:

Section 111. All buildings or rooms occupied as biscuit, bread, macaroni, spaghetti, pie or cake bakeries, shall be drained and plumbed in a manner conducive to the proper and healthful sanitary condition thereof, and shall be constructed with air shafts, windows or ventilating pipes, sufficient to insure adequate and proper ventilation. No cellar or basement, shall be occupied or used, as a bakery, unless the proprietor shall comply with the provisions of this article, except that any cellar or basement less than eight feet in height which was used for a bakery on the second day of May, eighteen hundred and ninety-five, need not be altered to conform to the provision with respect to height of rooms. Basements or cellars used as confectionery and ice cream manufacturing shops, shall be not less than seven feet in height.

Section 114. Bakeries and confectionery establishments are factories within the meaning of this act and are subject to the provisions of article six thereof. They shall be kept at all times in a clean and sanitary condition. If on inspection the commissioner of labor find any bakery or confectionery to be so unclean, ill drained, or ill ventilated as to be unsanitary, he may after not less than forty-eight hours' notice in writing to be served by affixing the notice on the inside of the main entrance door of