Chapter 455, Laws 1921. a separate place of confinement for him, and under no circumstances place him with grown-up prisoners. No court or magistrate shall commit a minor under the age of fourteen years to a jail, lock-up, or police station pending hearing or trial; and, whenever he is unable to procure bail, he may be committed to the care of the sheriff or other public officer, or to the probation officer, who shall keep him in some suitable place provided by the city or county. Every minor while in confinement shall be provided with good reading matter, and his relatives and friends. likely to exert a good influence over him shall at all reasonable times be permitted to visit him. N. Habitual Offenders. An act relating to habitual offenders and providing punishment for the third offense committed by such offenders. Be it enacted by the Legislature of the State of Minnesota: Section 1. Every person who shall hereafter be guilty of being a vagrant or of unlawfully selling, giving to another or using any drug or narcotic, or of any unlawful, lewd or lascivious behavior or public indecency, or of any criminal offense against women or children as defined in Section 8666 or 8667 of the General Statutes for 1913, or of any misdemeanor or gross misdemeanor involving moral turpitude, who within the previous period of five years shall have been twice convicted in this state of one or more of the offenses hereinbefore named shall be guilty of being a habitual offender and shall be punished for such third offense, if a woman, by imprisonment in the State Reformatory for Women, and if a man between the ages of eighteen and thirty years by imprisonment in the State Reformatory at St. Cloud, and if a man above the age of thirty years by imprisonment in the State Prison at Stillwater, for a term not exceeding three years. Sec. 2. A duly certified copy of the record of a conviction and judgment of any court in this state against the person indicted or complained of shall be prima facie evidence of such former conviction, and may be used in evidence against such person. Sec. 3. Any person so committed to the State Reformatory for Women or the State Reformatory at St. Cloud, or the State Prison at Stillwater, shall be subject, except as herein otherwise provided, to parole and discharge by the State Board of Parole as in the case of other persons subject to parole and discharge by said board. Sec. 4. No person convicted hereunder shall be paroled or discharged until he shall have been first examined by a licensed physician, and if it appears that such person has a venereal or other infectious disease, the board of parole in granting a parcle or discharge, shall in clude in the conditions of said parole or discharge a condition requiring suitable medical treatment of such person by a duly licensed physician under a supervision of the State Board of Health. Sec. 5. This act shall take effect and be in force from and after its passage. Approved April 23, 1921. CHAPTER IV. Child Labor and Street Trading. A. Occupations Prohibited and Employment An act to amend Section 3831, General Statutes, 1913, establishing Chapter 248, a maximum days' work. Laws 1917, Be it enacted by the Legislature of the State of Minnesota: Section 1. Ten hours to constitute one day's work, except persons over 16 years may labor extra hours for extra pay.— Section 3831, General Statutes, 1913, is hereby amended so as to read as follows: 3831. Unless a shorter time be agreed upon, or be provided by law, the standard day's work for hire shall be ten hours. Every employer and other person having control who shall compel any person to labor more than ten hours in any one day, shall be guilty of a misdemeanor; but persors of sixteen years of age and over, unless expressly forbidden by law, may labor extra hours for extra pay; and this section shall not apply to farm laborers, to domestic servants employed by the week or month, or to persons engaged in the care of live stock. No child 3839. Employment of children-Under 14 years. under fourteen (14) years of age shall be employed, permitted or suffered to work at any time, in or in connection with any factory, mill or workshop, or in any mine; or in the construction of any building, or about any engineering work; it shall be unlawful for any person, firm or corporation, to employ or exhibit any child under fourteen (14) years of age in any business or service whatever, during any part of the term during which the public schools of the district in which the child resides are in session; except pursuant to consent of the mayor or president of the council of the village, for participation by children in theatrical exhibitions or concerts, as provided in section 10 hereof. ('07 c. 299, amended '12 c. 8 § 1; '13 c. 516 § 1) 3840. Same-Over 14 and under 16 years-Employment certificate. It shall be unlawful for any person, firm or corporation to employ any child over 14 years of age, and under 16 years of age, in any business or service whatever, during which the public schools of the district in which the child resides are in session, unless the employer procures and keeps accessible to the truant officer of the town or city and to the commissioner of labor, assistant commissioner of labor, factory inspectors and assistants, an employment certificate as herein prescribed and a list of all such children employed. On termination of the employment of a child, such certificate shall be forthwith surrendered by the employer to the official who issued the same. ('07 c. 299, amended '12 c. 8 § 2) 3841. Same-Certificate, by whom issued. An employment certificate shall be issued only by the superintendent of schools, or by someone authorized by him so to do, or, where there is no superintendent of schools, by the chairman of the school board or the chairman of the board of education, or by a person authorized by such chairman; provided, that no superintendent of schools, member of the school board or board of education or other person authorized, as aforesaid, shall have authority to issue such certificates for any child then in or about to enter his own employment or the employment of a firm or corporation of which he is a member, officer or employe. ('07 c. 299, amended '12 c. 883) 3842. Same-Certificate, how issued-To whom. The person authorized to issue an employment certificate shall not issue such certificate until he has received, examined, approved and retained in his possession for the inspection of the public, the following papers duly executed: (1) The school record of such child, properly filled out and signed by the principal of the school which the child last attended, and if there is no principal, then by the teacher of such child in said school which shall be furnished on demand to a child entitled thereto. (2) A duly attested transcript of the births which shall be conclusive evidence of the birth of such child. (3) The affidavit of the parent or guardian. or custodian of the child, showing the place and date of birth of such child, but such affidavit shall not be required unless the last mentioned transcript of the certificate of birth can not be produced; which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath and shall not demand or receive a fee therefor. Such employment certificate shall not be issued until such child has personally appeared before and been examined by the officer issuing the same and until such officer shall, after making an examination, make and retain for inspection by the public, a statement that, in his opinion, the child is 14 years of age or upwards, and until such officer shall have received a certificate from a reputable practicing physician duly designated for such purpose by the school board affirming that the child has reached the normal development of a child. of its age, and is in sound health and is physically able to perform the work which it intends to do. Every such employment certificate shall be signed in the presence of the officer issuing the same, by the child in whose name it is issued, and shall only be issued to children who have completed the studies taught in the common schools of the district in which they reside; or, a parochial or private school in which the curriculum is equal to the common schools of the district; provided, however, that no child shall be granted such certificate who is not able to read and write simple sentences in the English language. ('07 c. 299, amended '12 c. 8 § 4) 3843. Same-Certificate shall state, what. Such employment certificate shall state the date and place of birth of the child, and describe the color of the hair and eyes and height and weight and any distinguishing facial marks of such child, and that the papers required by the preceding section have been duly examined, approved and retained for inspection by the public and that the child named in such certificate has appeared before the officer signing the certificate and been examined. ('12 c. 8 § 5) 3845. Same Children under 16-Hours of employmentPosted notice. No person under the age of 16 years shall be employed, or suffered or permitted to work at any gainful occupation more than 48 hours in any one week, nor more than 8 hours in any one day; or before the hour of 7 o'clock in the morning or after the hour of 7 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 begin and end. The printed form of such notice. shall be furnished by the commissioner of labor of the state, and the employment of any minor for longer time in any day so stated; or between the hours of seven o'clock in the evening and seven o'clock in the morning, shall be deemed a violation of this section. ('07 c. 299, amended '12 c. 8 §7) 3846. Same-Penalties for violation.-Whoever employs a child under 16 years of age, and whoever, having under his control a child under such age, permits such child to be employed in violations of sections 1, 2 or 7 [3839, 3840, 3845] of this act, shall, for such offence, be fined not less than $25.00 nor more than $50.00; and whoever continues to employ any child in violation of any of said sections of this act after being notified by truant officer or commissioner of labor of the state, shall for every day thereafter, that such employment continues, be fined not less than $5.00 nor more than $20.00 additional for each day that such employment continues. A failure to produce to a truant officer or any official of the labor department, any employment certificate or list required by this act shall be prima facie evidence of the illegal em |