CHAPTER 176.
GENERAL PROVISIONS RESPECTING TRADE.
AN ACT to Regulate the Employment of Children and to make Uniform the Laws Relating Thereto.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. No child under twelve years of age shall be employed, permitted or suffered to work in, about or in connection with any canning or packing establishment other than those engaged in canning or packing perishable fruits and vegetables.
Section 2. No child under fourteen year of age shall be employed, permitted or suffered to work in, about or in connection with any (1) mill, (2) factory, (3) workshop, (4) mercantile or mechanical establishment, (5) tenement-house, manufactory or workshop, (6) office, (7) office building, (8) restaurant, (9) boarding-house, (10) bakery, (11) barber shop, (12) hotel, (13) bootblack stand establishment, (14) public stable, (15) garage, (16) laundry, (17) or as a driver, (18) or in any brick or lumber yard, (19) or in the construction or repair of buildings, (20) or in the transmission of messages.
Section 3. It shall be unlawful for any person, firm or corporation to employ, permit or suffer to work any child under fourteen years of age in any business or service whatever during any of the hours when the public schools of the district in which the child resides are in session under the provisions of any compulsory school law of the State.
Section 4. No child under the age of fourteen years shall be employed, permitted or suffered to work at any of the following occupations or in any of the following positions: (1) Adjusting any belt to any machinery, (2) sewing or lacing machine belts in any workshop or factory, (3) oiling, wiping or cleaning machinery in motion or assisting therein; (4) operating or assisting in operating any of the following machines: (a) Circular or hand saws; (b) wood shapers; (c) wood jointers; (d) planers; (e) sandpaper or wood-polishing machinery; (f) wood turning or boring machinery; (g) picker machines or machines used in picking wool, cotton, hair or any other material; (h) carding machines; (i) paperlace machines; .(j) leather burnishing machines; (k) job or cylinder printing presses operated by power other than foot power; (1) boring or drill presses; (m) stamping machines used in sheet-metal and tin-ware or in paper and leather manufacturing, or in washer and nut factories; (n) metal or paper cutting machines; (o) corner staying machines in paper box factories; (p) corrugating rolls, such as are used in corrugated paper, roofing or washboard factories: (q) steam boilers; (r) dough brakes or cracker machinery of any description; (s) wire or iron straightening or drawing machinery; (t) rolling mill machinery; (u) power punches or shears; (v) washing, grinding or mixing machinery; (w) calendar rolls in paper and rubber manufacturing; (x) laundering machinery; (5) or in proximity to any hazardous or unguarded belts, machinery or gearing; (6) or upon any railroad, whether steam, electric or hydraulic; (7) or upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this State.
Section 5. No child under the age of fifteen years shall be employed, permitted or suffered to work in any capacity (1) in, about or in connection with any process in which dangerous or poisonous acids are used; (2) nor in the manufacture or packing of paints, colors, white or red lead; (3) nor in occupations causing dust in injurious quantities; (4) nor in the manufacture or use of dangerous or poisonous dyes; (5) nor in the manufacture or preparation of compositions with dangerous or poisonous gases; (6) nor in the manufacture or use of compositions of lye in which the quantity thereof is injurious to health; (7) nor on scaffolding; (8) nor in heavy work in the building trades; (9) nor in any tunnel or excavation; (10) nor in, about or in connection with any mine, coal breaker, coke oven or quarry; (11) nor in any other occupation dangerous to the life and limb, or injurious to the health or morals of such child; (12) nor shall any child under the age of sixteen years be employed upon the stage of any theatre or concert hall or in connection with any theatrical performance or other exhibition or show, provided, however, that the State Child Labor Inspector may issue a permit allowing a child under age to appear in connection with theatrical performances or other exhibitions or shows for a period not exceeding two weeks, when, in his opinion, such permit is justified by the evidence presented to him.
Section 6. The State Board of Health may from time to time, after a hearing duly had, determine whether or not any particular trade, process of manufacture or occupation, in which the employment of children under the age of fifteen years is not already forbidden by law, or any particular method of carrying on such trade, process of manufacture or occupation, is sufficiently dangerous to the lives or limbs or injurious to the health or morals of children under fifteen years of age to justify their exclusion therefrom. No child under fifteen years of age shall be employed, permitted or suffered to work in any occupation thus determined to be dangerous or injurious to such children, provided, however, that any person, firm or corporation engaged in such trade, process, manufacture or occupation, so determined by the board of health to be dangerous to the lives or limbs or injurious to the health or morals of children under fifteen years of age, shall have the right of appeal from said determination to the Superior Court of the State of Delaware in and for either county thereof.
Section 7. No child under sixteen years of age shall be employed, permitted or suffered to work in, about or in connection with any establishment or occupation named in Sections 1, 2 and 3, unless the person, firm or corporation employing such child procures or keeps on file, and accessible to the State Child Labor Inspector, the employment certificate as hereinafter provided, issued to said child; and keeps two complete lists or card indices of the names, together with the ages of all boys under sixteen years of age and all girls under eighteen years of age employed in or for such establishment or in such occupation, one on file and one conspicuously posted near the principal entrance of the place or establishment in which such children are employed; and unless such employment, permission or sufferance to work in, about or in connection with said establishments or occupations shall be in accordance with the terms and regulations laid down for said employment certificates as hereinafter provided, which employment certificates and lists shall be produced for inspection of the State Child Labor Inspector at all reasonable times upon his request.
Section 8. On termination of the employment of a child under sixteen years of age, the employment certificate issued to such child shall be returned by registered mail by the employer to the official issuing the same within twenty-four hours if said return is demanded by said child and otherwise within fifteen days of the termination of said ,employment, and the official to whom said certificate is so returned shall file said certificate and preserve the same, and on the return of said certificate shall notify the State Child Labor Inspector. Any child whose employment certificate has been returned as above provided shall be entitled to a new certificate without re-examination, and such re-issue of a certificate shall be subject to all the conditions as to recording and reporting governing the original issue.
Section 9. An employment certificate shall be issued either by the superintendent of public schools of the City of Wilmington or one of the superintendents of the public schools of either of the counties of this State, or by some person designated in writing by one of said superintendents. Such designation in writing may be revoked by the superintendent giving the same at any time at his pleasure. The said superintendents upon designating in writing an authority to some other person to issue said employment certificates, shall upon said designation, immediately notify the State Child Labor Inspector of said designation, and upon revoking any such designation, said superintendent shall immediately notify the State Child Labor Inspector of said revocation. The State Child Labor Inspector shall at all times keep on file in his office a list of all persons designated in writing by any said superintendents as having authority to issue said employment certificates and of the revocations of said designation. The employment certificate shall be issued only upon the application in person of the parent, guardian or legal custodian of the child desiring such employment, or if said child have no parent, guardian or legal custodian, then by next friend, but no certificate shall be issued by any person for any child then in, or about to enter such person's own employment, or the employment of a firm or corporation of which said person is a member, officer or employee. Employment certificates shall be of two classes; General employment certificates and vacation employment certificates. General employment certificates shall entitle the child to work during the entire year; vacation employment certificates shall entitle the child to work during the entire year, excepting such days thereof as said child is required to attend public or private schools under the provisions of the laws now in force, or hereafter to be enacted.
Section 10. The person authorized to issue an employment certificate shall not issue such certificate until he has received, examined, approved and filed the following papers, duly executed, viz.:
1. The school record of such child properly filled out and signed, as provided in this act.
2. A certificate signed by a physician appointed by the public school board or committee of the district wherein said child resides, stating that such child has been examined by him and, in his opinion, has reached the normal development of a child of its age, and is in sufficiently sound health and physically able to be employed in any of the occupations or processes in which a child between twelve and sixteen years of age may be legally employed.
3. Evidence of age showing that the child is twelve years old or upwards, which shall consist of one of the following proofs of age and shall be required in the order herein designated as follows:
(a) A duly attested transcript of the birth certificate filed according to law with a Board of Health or other Board or officer charged with the duty of recording births, which certificate shall be prima facie evidence of the age of such child.
(b) A passport or a duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of such child.
(c) In case none of the above proofs of age can be produced, other documentary evidence of age which shall appear to be satisfactory to the officer issuing the certificate (aside from the school record of such child or the affidavit of parent, guardian or custodian), may be accepted in lieu thereof. In such case a school census or enumeration record, duly attested, may be used as proof of age in the discretion of the officer issuing the certificate.
(d) In case no documentary proof of age of any kind can be produced, the person issuing the certificate may receive and file an application signed by the parent, guardian or custodian of the child. Such application shall contain the name, alleged age, place and date of birth, and present residence of the child, together with such further facts as may be of assistance in determining the age of such child, and shall contain a statement certifying that the parent, guardian or custodian signing such application is unable to produce any of the documentary proofs of age specified in the preceding subdivisions of this section. Such application shall be filed for not less than thirty days for an examination to be made of the statements contained therein, and in case no facts appear within such period or by such examination tending to discredit or contradict any material statement of such application, the person issuing the certificate may direct such child to appear thereafter for physical examination before the State Child Labor Inspector, and in case that in his opinion, such child is at least twelve years of age or is at least fourteen years of age as the case may be, such officer shall accept such certificate as sufficient proof of the age of such child for the purposes of this section.
The person issuing the certificate shall require the evidence of age specified in subdivision (a) in preference to that specified in any subsequent subdivision and shall not accept the evidence of age permitted by any subsequent subdivision unless he shall receive and file in addition thereto an affidavit of the parent, guardian or custodian showing that no evidence of age specified in any preceding subdivision or subdivisions of this section can be produced. Such affidavit shall contain the age, date and place of birth, and present residence of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath and who shall not demand or receive a fee therefor.
Section 11. No employment certificate shall be issued until child in question has personally appeared before and been examined by the person issuing the certificate, nor until such person, after making such examination, has signed and filed in his office a statement that the child can read intelligently and write legibly simple sentences in the English language.
Section 12. Every such employment certificate shall state the name, sex, the date and place of birth and the place of residence of the child, and describe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child, and shall contain a statement of the proof of age accepted and shall certify that the papers required by the preceding sections have been duly examined, approved and filed, and that the child named in such certificate has appeared before the officer issuing the certificate and has been examined.
Every such certificate shall be dated the date of its issue and shall be signed by the child in whose name it is issued in the presence of the person issuing the same. The superintendent issuing said certificate shall place and keep on file in his office a duplicate thereof and any person other than the superintendent issuing such employment certificate shall immediately upon issuing the same, forward a duplicate thereof to the superintendent authorizing such person to issue such certificate and said duplicate shall be placed and kept on file in said superintendent's office in the same manner as certificates issued by him.
Section 13. The school record required by this act shall be filled out and signed by the principal or chief executive officer of the school which such child has last attended, and shall be furnished to a child who, after the examination and investigation, may be entitled thereto.
It shall contain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and thirty days either during the twelve months previous to arriving at the age of twelve years or during the twelve months previous to applying for such school record, and is able to read intelligently and write legibly simple sentences in the English language.
Such school record shall also give the name, date of birth and residence of the child as shown on the records of the school and the name of the parent or guardian or custodian.
In case a child has attended more than one school during the twelve months previous to arriving at the age of twelve years or during the twelve months previous to applying for such school record, the principal or chief executive officer of each school shall separately certify to the number of days attended by the child in such school during such period, and no employment certificate shall be issued to such child unless the total of the days so attended shall be at least one hundred and thirty days.
Section 14. The blank certificates and other papers required in the issuing of employment certificates shall be formulated by be formulated by the State Child Labor Commission and printed by the State Child Labor Inspector and furnished by him to the County Superintendents or other boards or committees requiring the use of the same.
Section 15. The superintendents of public schools shall transmit between the first and tenth of each month to the State Child Labor Inspector upon blanks to be furnished by him, a list of the names of the children to whom certificates have been issued, such lists shall give the name and address of the prospective employer and the nature of the occupation the child intends to engage in if such intention is known.
Section 16. The State Child Labor Inspector may Inspector may make demand on any employer in or about whose place or establishment a child apparently under the age of sixteen years sixteen years is employed or permitted or suffered to of age work, and whose employment certificate is not filed as required by this act, that such employer shall either furnish him, within ten days, satisfactory evidence that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such place or establishment. The State Child Labor Inspector shall require from such employer the same evidence of age of such child as is required upon the issuance of an employment certificate, and the employer furnishing such evidence shall not be required to furnish and further evidence of the age of the child.
Section 17. In case any employer shall fail to produce and deliver to the State Child Labor Inspector within ten days after demand made pursuant to Section 16 of this act, the evidence of age therein required, and shall thereafter continue to employ such child or permit or suffer such child to work in such places or establishment, proof of the making of such demand and of such failure to produce and file such evidence shall be prima facie evidence of the illegal employment of such child in any prosecution brought therefor.
Section 18. No child under the age of fifteen years shall be employed, permitted or suffered to work (1) in or about or in connection with blast furnaces, docks, or wharves; (2) in the outside erection and repair of electric wires; (3) in the running or management of elevators, lifts or hoisting machines, or dynamos; (4) in oiling or cleaning machinery in motion; (5) in the operation of emery wheels or any abrasive, polishing or buffing wheel where articles of the baser metals or iridium are manufactured; (6) at switch tending; (7) gate tending; (8) track repairing; (9) or as brakemen, firemen, engineers, motormen or conductors upon railroads; (10) or as railroad telegraph operators; (11) as pilots, firemen or engineers upon boats and vessels; (12) or in or about establishments wherein nitroglycerine, dynamite, dualin, guncotton, gunpowder or other high or dangerous explosives are manufactured, compounded or stored; unless said establishments are insured under the approval of the board of insurance underwriters of the district where said establishment is situated.
Section 19. The State Board of Health may, from time to time, after hearing duly had, determine whether or not any particular trade, process of manufacture or occupation, in which the employment of children under fifteen years of age is not already forbidden by law, or any particular method of carrying on such trade, process of manufacture or occupation, is sufficiently dangerous to the lives or limbs or injurious to the health or morals of children under fifteen years of age to justify their exclusion therefrom.
No child under fifteen years of age shall be employed, permitted or suffered to work in any occupation thus determined to be dangerous or injurious to such children, provided, however, that any person, firm or corporation engaged in such trade, process, manufacture or occupation, so determined by the board of health to be dangerous to the lives or limbs or injurious to the health or morals of children under fifteen years of age, shall have the right of appeal from said determination to the Superior Court of the State of Delaware in and for either county thereof.
Section 20. No person under twenty-one years of age shall be employed, permitted or suffered to work in, about or in connection with any saloon or bar-room where intoxicating liquors are sold.
Section 21. No girl under eighteen years of age shall be employed, permitted or suffered to work in any capacity where such employment compels her to remain standing constantly, unless seats are provided.
Section 22. No boy under the age of sixteen and no girl under the age of sixteen years shall be employed, permitted or suffered to work in, about or in connection with any establishment or occupation named in Section 2 (1) for more than six days in any one week; (2) nor more than fifty-four hours in any week; (3) or before the hour of seven o'clock in the morning or after the hour of six o'clock in the evening. The presence of such child in any establishment during working hours shall be prima facie evidence of its employment therein.
Section 23. Every child employed under the provisions of this act shall be entitled to thirty minutes for meal time between the hours of twelve o'clock noon and one o'clock in the afternoon.
Section 24. In all cities having a population of twenty thousand or over, no person under the age of eighteen years shall be employed, permitted or suffered to work as a messenger for telegraph, telephone or messenger companies in the distribution, transmission or delivery of goods or messages before six o'clock in the morning or after ten o'clock in the evening of any day.
Section 25. Every employer shall post and keep posted in a conspicuous place in every establishment wherein any person under the age of eighteen is employed, permitted or suffered to work, a printed copy of the sections of this act relating to hours of labor. Such copies shall be formulated by the State Child Labor Commission and shall be printed and furnished by the State Child Labor Inspector on application of any such employers.
Section 26. No boy under twelve years of age, and no girl under fourteen years of age shall, in any city having a population of twenty thousand or over, distribute, sell, expose, or offer for sale (1) newspapers, (2) magazines or (3) periodicals in any street or public place.
Section 27. No boy under fourteen years of age and no girl under sixteen years of age shall, in any city having a population of twenty thousand or over, be employed, or permitted or suffered to work at any time as (1) bootblack, or (2) in any other trade or occupation performed in any street or public place, (3) in the distribution of hand bills or circulars, or (4) any other articles except newspapers, magazines and periodicals hereinafter provided.
Section 28. No boy under fourteen years of age and no girl under sixteen years of age, shall, in any city having a population of twenty thousand or over, distribute, sell, expose or offer for sale in any street or public place any (1) newspaper, (2) magazines, (3) or periodicals, (4) or work in any of the trades or occupations mentioned in Section 27, unless he or she complies with all of the legal requirements concerning school attendance, and unless a permit and badge as hereinafter provided shall have been issued to him by the superintendent of public schools of the City of Wilmington or of the county in which such child resides, or by some person designated in writing by said superintendent, upon the application in person of the parent, guardian or custodian of the child desiring such permit and badge, or in case said child has no parent, guardian or custodian, then upon the application of his or her next friend, being an adult.
Section 29. Such permit and badge shall not be issued until the officer issuing the same shall have received, examined, approved and filed the following papers, duly executed, viz.:
(1) Evidence that such child is of age required by Sections 27 or 28, as the case may be. Such evidence of age shall consist of the proof of age required for the issuing of an employment certificate as specified in Section 10, subdivision (3), of this act.
(2) The written statement of the principal or chief executive officer of the school which the child is attending, stating that such child is an attendant at such school with the grade such child shall have attained, and that he or she has reached the normal development of a child of its age and sex and is physically and mentally fit for such employment and that it is able to do such work beside the regular school work required by law.
After having received, examined and placed on file such papers, the person shall issue to the child a permit and badge, provided, that in the case of a child between the ages or fourteen and sixteen having an employment certificate shall be accepted by the person issuing such permit and badge in lieu of any other requirements.
Lists of permits and badges shall be forwarded, filed and kept in the office of the superintendent of public schools in the city or county where such boy resides in the same manner as the lists of employment certificates as herein provided.
Section 30. Such permit shall state the name and the date and place of birth of the child, the name and address of the parent or guardian or custodian or next friend making application for such permit, and shall describe the color of the hair and eyes, the height and weight, and any distinguishing facial marks of such child and shall further state that the papers required by the preceding sections have been duly examined and signed, and that the child named in such permit has personally appeared before the person issuing the permit. The badge furnished by the person issuing the permit shall bear on its face a number corresponding to the number of the permit and the name of the child. Every such permit and every such badge on its reverse side shall be signed in the presence of the person issuing the same by the child in whose name it is issued.
Section 31. The badge provided for herein shall be worn conspicuously at all times by such child while so working. All such permits and badges shall expire annually on the first day of January and no such permit or badge shall be authority beyond the period fixed therein for its duration. The color of the badge shall be changed each year.
No child to whom such permit and badge are issued shall transfer the same to any other person. He shall exhibit the same upon demand at any time to the State Child Labor Inspector.
Section 32. No child under sixteen years of age to whom a permit and badge are issued as provided for in the preceding sections of this act shall distribute, sell, expose, or offer for sale, any newspapers, magazines or periodicals, or work at any of the trades or occupations mentioned in Section 28 in any street or public place (1) after eight o'clock in the evening, (2) or before six o'clock in the morning, (3) nor during the hours when the public schools in the city in which such child resides are in session, unless provided with an employment certificate.
Section 33. Any child in any city having a population of twenty thousand or over who shall distribute, sell, expose or offer for sale newspapers, magazines or periodicals or shall work at any of the trades or occupations mentioned in Section 27 in violation of any of the provisions of this act shall be deemed delinquent and may be arrested and brought before the juvenile court, if there be any juvenile court in the city where such child resides, or, if not, before any Justice of the Peace of the State of Delaware and shall be dealt with according to law. Upon the recommendation of the principal or chief executive officer of the school which such child is attending, or upon the complaint of the State Child Labor Inspector or probation officer of a juvenile court, the permit of any child who violates any of the provisions of this act, or who becomes delinquent or fails to comply with all the legal requirements concerning school attendance, may be revoked by the person issuing the same, for a period of six months, and a badge taken from such child. The refusal of any child to surrender such permit and badge, or the working at any of the occupations above mentioned in any street or public place by any child after notice of the revocation of such permit shall be deemed a violation of this Act. The provisions act for badges in this and preceding sections shall not apply in the case of newsboys.
Section 34. The State Child Labor Inspector or any inspector authorized by him shall enforce the provisions of the preceding sections relating to the employment of children in street trades.
Section 35. The State Child Labor Inspector may visit and inspect at any time any place of employment mentioned in this act, and shall ascertain whether any minors are employed therein contrary to the provisions of this act; and he shall report weekly to the school authorities any cases of children under sixteen years of age discharged for illegal employment.
It shall be the duty of the State Child Labor Inspector to make complaints against any person violating any of the provisions of this act and to prosecute the same.
This shall not be construed as a limitation upon the right of other persons to make and prosecute such complaints.
Section 36. A failure by an employer to produce to the State Child Labor Inspector, any employment certificate or list required by this act shall be prima facie evidence of the illegal employment of any child whose employment certificate is not produced or whose name is not so listed.
Section 37. Nothing in this act shall prevent children of any age from receiving industrial education furnished by the United States, this State or any city or town in the State and duly approved by the State Board of Education or by a school board or committee or other duly constituted public authority.
In any ease where the labor of a child under the age as specified in this act is necessary to assist in the support of itself or its family, because of the death of a parent or the illness of a parent, or for any other unavoidable cause, the State Child Labor Inspector shall present the case of such child to the judge of the juvenile court of the City of Wilmington, or to the resident judge of the county in which such child resides, and also to the agent of the Society for the Prevention of Cruelty to Children, and if said judge and said agent shall sign a permit for said purpose the said child shall be allowed to work for not exceeding one year from the date of said permit, and said permit may be renewed by said judge and said agent from year to year. The State Child Labor Inspector shall make report of all such cases to the Commission, both in his quarterly report and at any stated meeting of said Commission called prior to the time of filing said quarterly report.
Section 38. Any person, firm or corporation, agent or manager of any firm or corporation, who, whether for himself or for such firm or corporation, or by himself, or through agents, servants or foremen, employs any child and whoever having under his control as parent, guardian, custodian or otherwise, any child, permits or suffers such child to be employed or to work in violation of the provisions of this act, shall, for a first offence, be punished by a fine of not less than five dollars nor more than fifty dollars ; for a second offence by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a third offence by a fine of not less than two hundred dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment.
Section 39. Whoever continues to employ any child in violation of any of the provisions of this act, after being notified thereof in writing by the State Child Labor Inspector, shall, for every day thereafter that such employment continues, be fined not less than five nor more than twenty dollars.
Section 40. Any person, firm or corporation retaining an employment certificate in violation of Section 8 of this act shall be fined not less than five nor more than fifty dollars.
Section 41. Every employer who fails to procure and keep on file employment certificates for all children employed under the age of sixteen years, or who fails to keep and post lists, as provided in Section 7 of this act, shall he fined not less than five dollars nor more than one hundred dollars.
Section 42. Any employer who fails to post and keep posted the printed notices required by Section 25 of this act in the manner therein specified shall be fined not less than five dollars nor more than fifty dollars.
Section 43. Any person, firm or corporation who (1) hinders or delays the State Child Labor Inspector in the performance of his duties, (2) or refuses to admit or locks out such officer from any place which said inspector is authorized to inspect shall be punished by a fine of not less than five nor more than two hundred dollars, or by imprisonment for not less than ten days nor more than thirty days, or by both such fine and imprisonment.
Section 44. Any person authorized to issue employment certificates or permits and badges as required by this act, or other person charged with the enforcement of any of tile provisions of this act, who knowingly and willfully violates or fails to comply with any of the provisions of this act shall be fined not less than five nor more than one hundred dollars.
Section 45. Any person authorized to sign any certificate, affidavit or paper called for by this act, who knowingly certifies to any materially false statement therein, shall be fined not less than five dollars nor more than one hundred dollars.
Section 46. Any child working in or in connection with any of the establishments or places or in any of the occupations mentioned in this act, who refuses to give to the State Child Labor Inspector his or her name, age and place of residence, shall be forthwith conducted by the inspector before the juvenile court if there be any juvenile court in the city where such child resides or if not before any Justice of the Peace of the State of Delaware, for examination and to be dealt with according to law.
Section 47. Any person who, either for himself or herself or as agent of any other person or of any corporation, furnishes or sells to any minor any article of any description with the knowledge that said minor intends to sell said article in violation of the provisions of this act, or who shall continue to furnish or sell articles of any description to a minor after having received written notice from the State Child Labor Inspector, or from the person issuing the permit and badge required by Section 28, that said minor is unlicensed to sell such articles, shall be punished by a fine of not less than five dollars or more than two hundred dollars, or by imprisonment for not less than ten days nor more than thirty days, or by both such fine and imprisonment.
Section 48. Any Justice of the Peace of the State of Delaware shall have jurisdiction of any offense arising under this act, but any person, firm or corporation convicted of such offense before any such Justice of the Peace, shall have the right to appeal to the Court of General Sessions of the State of Delaware in and for the county in which said conviction was had, upon giving bond in the sum of One Hundred Dollars to the State of Delaware with surety satisfactory to the said Justice of the Peace by whom said person was convicted, provided such appeal shall be taken and bond given within three days from the time of said conviction.
Section 49. That the Delaware Child Labor Commission shall appoint some suitable person, within thirty days after this act shall go into effect, who shall be known and be the "State Child Labor Inspector," who shall serve for the term of two years from the time of said appointment and whose duties shall be as herein prescribed. Any vacancies arising in the office of the State Child Labor Inspector by death, resignation, removal from the State, expiration of term or otherwise shall be filled by the Delaware Child Labor Commission as herein provided. The State Child Labor Inspector shall have no other gainful occupation than the performance of his duties as herein set forth and he shall receive a salary of Eighteen Hundred ($1800.00) per year payable in equal monthly installments by the State Treasurer out of any State funds in his hands not otherwise appropriated. The State Child Labor Inspector shall likewise have a contingent fund not exceeding Three Hundred Dollars ($300.00) per year for the purpose of office expenses, traveling expenses and such other incidental expenses as may be attached to said office in the performance of his duties as herein provided, which contingent expenses shall be paid by the State Treasurer out of any State funds in his hands not otherwise appropriated, upon the requisition of the State Child Labor Inspector setting forth the uses to which said fund is to be put by him.
Section 50. This act may be cited as the uniform Child Labor Law. It shall be so interpreted and construed as to effectuate its general purposes and objects.
Section 51. Al] acts or parts of acts inconsistent with any of the provisions of this act are hereby repealed.
Section 52. This act shall take effect on the first day of January, A. D. 1914.
Approved March 26, A. D. 1913.